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(영문) 서울중앙지방법원 2018.08.30 2018고단3152 (1)
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Meteptopy (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. Purchasing philophones;

A. On July 29, 2017, around 13:00, the Defendant paid KRW 600,000 in cash to D and received KRW 1g of plasticphones from D, which was parked in front of the exit 1 set forth in C Station B located in Gwanak-gu in Seoul Special Metropolitan City.

B. On August 5, 2017, at around 12:00, the Defendant paid KRW 600,000 in cash to D within the pertinent radar car parked in the same place as the above paragraph (a) and received KRW 600,000 in cash from D, and delivered one vinyl package, which was about KRW 1g of philophones.

2. On August 9, 2017, the Defendant administered philophone medication by inserting approximately 0.05g philophone into a single-use injection machine at the domicile located in the Gwanak-gu Seoul Special Metropolitan City F around August 18, 2017, and using it as a raw water, and administering it in a way of injecting it into the bloodline.

Summary of Evidence

1. Each legal statement of the defendant and the joint defendant D

1. Each protocol of seizure;

1. A written appraisal of each drug;

1. Application of each statute on photographs;

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to observe the protection under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be determined as ordered by comprehensively taking into account the following circumstances: (a) the accused is against the crime; (b) the accused has no same record and has no record of punishment heavier than fines; (c) the content of the crime was administered twice by purchasing phiphonephones; and (d) the Defendant’s age, sex and behavior, environment; (d) the background and consequence of the instant crime; and (e) the circumstances after the crime.

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