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(영문) 서울북부지방법원 2018.10.26 2018고합303
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around 03:00 on February 4, 2018, the Defendant injected approximately 0.05g of Mesofta (i.e., one philopon; hereinafter referred to as “philopon”) that was received from C in the place of the first crime, into a single-use injection machine, and injected it into the Defendant’s upper body.

Accordingly, the Defendant administered philophones.

2. The second crime;

A. On March 5, 2018, the Defendant remitted KRW 2.50,000 to the account designated by E, which was known through a smartphone-making telephone-type D around 16:00 on March 5, 2018, the Defendant transferred KRW 2.5 million to the instant account for the purchase and sale of phiphones, and around 20:10 on the same day, the Defendant received approximately 0.5 g of phiphones sealed in vinyl-type L from G located in Gwangjin-gu Seoul Special Metropolitan City to a bus-type package, and then remitted KRW 2.60,000 to the said account as the remainder of phiphones trading around 17:56 on March 8, 2018.

Accordingly, the defendant purchased and sold philophones.

B. At around March 5, 2018, the Defendant administered philophones in the International Hostel room located in Dongdaemun-gu Seoul Metropolitan Government H on March 5, 2018, containing approximately 0.05gg of philophones purchased as referred to in the preceding paragraph into a single-use injection machine, and dilution them into water, and injected them into the Defendant’s upper part.

Accordingly, the Defendant administered philophones.

3. The third crime.

A. On March 23, 2018, at the office of the Defendant of the sixth floor of the J building in Gangnam-gu Seoul, Gangnam-gu, and lsD 2, which is a local mental medicine, sent free of charge by the above E, was delivered by ordinary mail.

Accordingly, the defendant accepted lsD.

B. From March 24, 2018, around 20:00, the Defendant injected lsD 2 under the supervision of lsD 2 received, such as the foregoing, inside the Defendant’s house of Dongdaemun-gu Seoul Metropolitan Government 1, 902, and lsD 2.

Accordingly, the Defendant administered lsD.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against C or E;

1. Each protocol of seizure and list of seizure;

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