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(영문) 서울중앙지방법원 2017.03.30 2016고단8017
마약류관리에관한법률위반(향정)
Text

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

30,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Receipt of Handphones;

A. On July 6, 2016, the Defendant: (a) received disposable injection devices from D containing approximately 0.1g of the Metepopty clograms (one philopopopopon; hereinafter “philopon”), a local mental medicine, within a passenger car parked near the area of Busan Northern District; and (b) received a disposable injection device from D.

Accordingly, the defendant accepted philophones.

B. On July 26, 2016, the Defendant was parked in the vicinity of the apartment in Busan Northern-gu, Busan, one-time injection device from D containing approximately 0.1g of philopon.

Accordingly, the defendant accepted philophones.

(c)

On August 22, 2016, the Defendant received a disposable injection from D, which contains approximately 0.16 grams in the vicinity of the F apartment in Yangsan-si.

Accordingly, the defendant accepted philophones.

2. Medication of phiphones.

A. On July 6, 2016, the Defendant drank the instant dice, which was given and received in the vicinity of the said C Station, such as Paragraph 1(a), into coffee.

Accordingly, the Defendant administered philophones.

B. On July 26, 2016, the Defendant drank dypon, which received within the above E apartment park, such as Paragraph 1(b), into coffee.

Accordingly, the Defendant administered philophones.

(c)

On August 22, 2016, the Defendant dices a dactulon received in a park near the above F apartment, such as paragraph (c) of Article 1.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report of investigation (applicable Act and subordinate statutes No. 15) (the judgment of related accomplices and the list of evidence);

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact of crime and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment with prison labor;

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 Narcotics Control Act, the Criminal Litigation Act; and

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