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(영문) 서울중앙지방법원 2019.10.17 2019고단4315
마약류관리에관한법률위반(향정)
Text

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

80,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

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 Mesofts (i.e., one philopon; hereinafter referred to as “philopon”), as follows:

1. On September 23, 2018, the Defendant: (a) decided to purchase philophones from a person who was aware of via the Internet; (b) transferred the philophones purchase price of KRW 800,000 to a C account in the name of B used by the said seller; and (c) around that time, purchased philophones by using approximately 0.5g of philophones concealed from the apartment stairs located in the apartment stairs located in Gangnam-gu Seoul Metropolitan Government.

2. Medication of phiphones.

A. On September 23, 2018, the Defendant: (a) inserted approximately 0.1g of the phiphonephones purchased from the Defendant’s dwelling at Kimpo-si, Kimpo-si, Gyeonggi-do; (b) injected them into a single-use injection machine; and (c) injected them into the Defendant’s arms bloodline after dilution with water.

B. On November 10, 2018, the Defendant administered approximately 0.1g of philophones in the said Defendant’s residence in the said manner.

C. On November 11, 2018, the Defendant administered approximately 0.1g of philophones in the above Defendant’s residence at the seat of the new wall around November 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Details of financial transactions, personal information, and the application of the Acts and subordinate statutes on narcotic appraisal and replies;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. The proviso to Article 67 of the Act on the Management of Narcotics, Etc. for Additional Collection (the amount to be collected: KRW 800,000 as indicated in paragraph (1)

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act for each of the crimes of this case on the grounds of sentencing of Article 334(1) of the Provisional Payment Order is highly harmful to society as a whole due to its halluity and toxicity, the frequency of each of the crimes of this case, the quantity of penphones handled by the defendant

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