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(영문) 수원지방법원 2017.11.30 2017고단5221
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

140,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant purchased, administered, and administered the Metropha (one philophone; hereinafter referred to as “philophone”) which is a local mental medicine as follows.

1. On May 23, 2017, the Defendant purchased 40,000 won in the purchase price from the Plaintiff, who was parked by E on the road front of the Sejong Southern-gu Incheon Metropolitan City Vice Director for the charge of D gas charging station, in order to convert the numberless white light on the road in the Nam-gu Incheon Metropolitan City, and issued a disposable injection for the TRG, which contains approximately 0.1g of opon from E, and purchased 40,000 won in the purchase price.

2. Medication of phiphones.

A. On May 23, 2017, at around 05:00, the Defendant: (a) set one-time injection machine with a philopon purchased from E, such as paragraph (1), and dilutioned the water into the cans and coffees; and (b) administered the water by inserting the philopon into the cans and coffees.

B. On July 23, 2017, the Defendant: (a) set a white knife car on the front side of the Helel located in Seo-gu, Seo-gu, Gwangju; (b) 100,000 won on the front side of the Hel car; and (c) dilution with a single-use injection machine containing approximately 0.1g of opon, for which he/she purchased, and then injected it to the Defendant’s left side.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the prosecution against E;

1. The screen of a mobile phone closure;

1. Photographs of the place of crime;

1. Investigation report (explosion of cell phoness used in the E, confirmation of station transmission), and telephone call details;

1. Records and photographs of seized articles;

1. A response to a request for appraisal, and a narcotics appraisal report;

1. Investigation report (to be accompanied by a copy of a response to the result of the ambiguous appraisal), and reply to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (the calculation of an additional collection charge);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. Aggravation concurrent crimes;

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