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(영문) 광주지방법원 2019.08.21 2019고단1968
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Meblopon (one philopon; hereinafter referred to as “philopon”) as follows:

1. Around 22:00 on December 29, 2018, the Defendant: (a) taken a disposable injection device containing approximately 0.05 g of philopon from B in the vicinity of the main air base in the vicinity of Sacheon-si, Sacheon-si; and (b) provided KRW 100,000 to purchase philopon.

2. At around 19:00 on May 17, 2019, the Defendant received phiphones from C with approximately 0.05 g of philopon at the street near the Sacheon-si Sacheon-si bus terminal. The Defendant received philopon from C without compensation.

3. Medication of phiphones.

A. At around 23:00 on December 29, 2018, the Defendant, as described in paragraph (1), contained a philopon E purchased from B in his/her own residence, into a single-use injection instrument with approximately 0.05g of philopon, as described in paragraph (1), and administered it by means of dilution into his/her arms.

B. On May 20, 2019, around 19:00, the Defendant, as described in paragraph (2) from 19:0 to Ga of the F Building G at Sacheon-si, a single-use injection machine containing approximately 0.05 g of philopopon, which was dumped from C, injected in a way of dilution and injection into his own arms.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement and the statement (two times) with respect to B;

1. Details of telephone conversations between the defendant and B;

1. A criminal investigation report (related to the results of the prosecutorial summary examination), and a drilling report;

1. Application of Acts and subordinate statutes to an investigation report;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor

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

1. proviso to Article 67 of the Act on the Control of Narcotics, Etc. to be collected additionally (200,000 won = Purchase price of 100,000 won or more for a single medication: 100,000 won); and

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 1.

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