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(영문) 서울중앙지방법원 2017.03.02 2017고단440
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Chuncheon District Court on October 10, 2013 and completed the execution of the sentence on March 3, 2015.

[Criminal facts] The Defendant is not a narcotics handler

1. On October 17, 2016, the Defendant received 300,000 won in and near D stations located in Yangcheon-gu Seoul Metropolitan Government, and received a disposable injection containing approximately 0.3g of Mesopha (one philopon; hereinafter “philopon”).

Accordingly, the defendant purchased philophones.

2. On October 18, 2016, the Defendant injected approximately 0.1g of philophone into water in a luxur room where the trade name is unknown at a place not exceeding a considerable amount of Cheongju-si, Cheongju-si, and then injected into his arms by dilution them with water in a disposable injection machine.

Accordingly, the Defendant administered philophones.

3. On November 2016, 2016, the Defendant injectedd approximately 0.1g of philophone into water in the Mourel room where it is difficult to find out the trade name near the government terminal at the Madembro-ro of Mademn Government on November 2016.

Accordingly, the Defendant administered philophones.

4. On January 5, 2017, the Defendant injectedd approximately 0.1g of phiphones into water at the Moel room where the trade name near the terminal of the above medical branch cannot be known, and then injected them into their arms by dilution them with water in a disposable injection machine.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. A statement on narcotics appraisal;

1. Particulars of sending and receiving E;

1. Investigation report (related to confirmation of details of temporary currency for crime);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report attached to a suspect A's final judgment, etc.), and the current status of acceptance of each individual;

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts, and Article 60(1)3(b) of the Act on the Selection and Management of Narcotics, Etc., and Article 1.

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