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(영문) 서울중앙지방법원 2018.12.20 2018고단6128
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be forfeited from the defendant.

from the defendant.

Reasons

Punishment of the crime

[criminal record] On September 17, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on March 17, 2015 and was released on January 30, 2018, and the parole period passed on July 14, 2018.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Metepopty (one philopon; hereinafter “philopon”), which is a local mental medicine, as follows.

1. On August 2018, the Defendant decided to purchase philopon from a person who sells philopon on the Internet. On August 2018, 2018, the Defendant left 300,000 won as a philopon purchase price at B apartment waste storage facilities around the lower lux of the new wall, and the seller of the philopon had approximately 3 g of philopon contained in a plastic bag that is hidden in the storage facilities immediately adjacent to the luxur.

Accordingly, the Defendant purchased approximately 3g of philophones from the seller of the nameless philophones in KRW 3 million.

2. On September 13, 2018, the Defendant: (a) placed approximately 0.05g of philophones purchased from the Defendant, which was parked on the street near C apartment in light of the new wall name, into a disposable injection machine; and (b) injected philophones by means of inserting approximately 0.05g of philophones purchased as above, into a disposable injection machine; and (c) dilution them with water; and (d) injected them into the Defendant’s arms.

3. On September 13, 2018, the Defendant: (a) around 19:45 on September 13, 2018, kept approximately 1.83g of philophonephones contained in the bags of the F pharmacy located in Seongdong-gu Seoul Metropolitan Government, operated by the Defendant in front of the F pharmacy located in Seongdong-gu, Seoul.

Accordingly, the defendant possessed approximately 1.83g philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Eight copies of the photograph; and

1. Records of seizure and list of seizure (50 pages, 51 pages);

1. Each request for appraisal and response (158 pages, 212 pages, 212 of investigation records);

1. Each investigation report (report on the market price of phiphonephones and response to a reply by the National Institute of Scientific Investigation to the results of appraisal of suspect hairs);

1. Previous convictions: Inquiry of criminal history and investigation reports (suspect A's judgment, etc.);

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