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(영문) 춘천지방법원 2017.10.25 2017고단1002
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

1,200,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a handler of narcotics, and shall not possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, deliver, trade, assist in the trade of, or provide narcotics or psychotropic drugs.

1. On March 8, 2017, the Defendant: (a) received KRW 1,200,000 from E in the street in the vicinity of D Motion Picture C, and delivered 1,20,000 won to E for a disposable injection device containing approximately 4 g of approximately 4 g of the flive mental medicine (one philopon; hereinafter “philopon”).

Accordingly, the defendant sold philophones, a local mental medicine.

2. On August 31, 2017, the Defendant: (a) carried a philophone and administered the philophone at a time and place prescribed in the foregoing paragraph (1), and kept one philophone for a single-use injection device (one-time injection device) contained therein from E; (b) executed drinking after dilution the said philophone at the dwelling of the Defendant’s dwelling in the original State, located in the Defendant’s dwelling around 14:00;

Accordingly, the defendant possessed and administered a philophone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to E;

1. Statement of the police statement related to G;

1. The application of Acts and subordinate statutes of each monetary statement (with regard to 4,9,15,17 on a regular basis), investigation report (related to Handphones used by the suspect), communication response, communication response, results of the inspection by the private person on documentary examination, response to each request for appraisal, response to notification, and narcotics assessment (32,36 on a regular basis).

1. Relevant legal provisions and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., for criminal facts, and the selection of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the part of the penphones sold by the defendant to E in return for selling a penphone from E is delivered to E.

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