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(영문) 서울동부지방법원 2014.01.21 2013고단3194
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

1,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On June 2012, the Defendant: (a) received a total sum of KRW 200,000 from the purchase fund for psychotropic drugs (hereinafter referred to as “cinephone”) made by collecting KRW 100,000 each of E and E in D party toilets located in Hanam-si, Gyeonggi-si; (b) received from F a total of KRW 200,000 from F; (c) received from F a total of KRW 0.1g (two-time medication) of opon from F; and (d) in H metal store located in Hanam-si, Hanam-si, the Defendant injected the opon purchased into water divided into two parts for a single-use injection machine; and (e) injected it into E and the other party’s arms.

The Defendant, in collusion with E, sold and administered philophones.

2. On June 2012, the Defendant purchased approximately 0.1g of philophonephones from F by collecting 100,000 won each of E and 100,000 won from the above D party toilets in the above manner, and on the same day, was injected into E and the other party’s arms in the same manner as the above 1.1.

The Defendant, in collusion with E, sold and administered philophones.

3. On November 2012, the Defendant: (a) received 400,000 won of the purchase fund for philopon, which was created by collecting KRW 200,000 from E and each of the 200,000 won, from I; (b) received from I, 0.2g of philopon (four-time medication) from I; and (c) provided the philopon purchased as above to E and the other party’s arms in the telecom room where the trade name in Seongdong-gu Seoul Metropolitan Government J is unknown; and (d) took the philopon purchased as above in the manner as described in paragraph (1) of the above.

The Defendant, in collusion with E, sold and administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes to each investigation report, narcotics appraisal report, and data for calculation of additional collection charges;

1. Article 60 (1) 2, Articles 4 (1) and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act concerning criminal facts and the selection of punishment for the crime;

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