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(영문) 서울서부지방법원 2021.01.14 2020고정1116
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On October 19, 2018, the Defendant committed the crime: (a) around October 19, 2018, at a pharmacy located in the Eunpyeong-gu Seoul Metropolitan Government “C” building; (b) at a pharmacy located in the Eunpyeong-gu Seoul Metropolitan Government B “C”; and (c) at the request of D, put ethyl 21 (including the ingredients in the ethyl mix) prescribed by the said hospital into ethyl 21).

Accordingly, the defendant provided a local mental medicine.

2. On May 29, 2019, the Defendant committed a crime at around May 29, 2019, at a pharmacy located in the “F” building located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around May 29, 2019, and at the request of D, sent ethyl oxide 28, including the ingredients in the ethyl mix, which was determined by the said hospital.

Accordingly, the defendant provided a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D;

1. Each medical examination and treatment confirmation document, a copy of telephone conversations (D), a copy of opinion, a prescription copy, an investigation report (calculated as an additional collection charge), the date and time, place of the offense, and the application of statutes governing property subject to additional collection charges

1. Relevant Article 61 (1) 5, Article 4 (1) 1, and subparagraph 3 (d) of Article 2 of the Act on the Selection of Narcotics, Etc., concerning facts constituting an offense;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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