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(영문) 서울중앙지방법원 2020.10.29 2020고단3620
마약류관리에관한법률위반(향정)
Text

The defendant shall be punished by imprisonment with prison labor for two months for a crime of paragraph (1) among the crimes of 2020 order or 3620 order, and the defendant shall be punished by imprisonment with prison labor for two months.

Reasons

Punishment of the crime

On February 1, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Suwon District Court Sejong District Court on February 1, 2018, and the judgment became final and conclusive on June 18, 2018, and the execution of the sentence was completed in the Chuncheon Prison on February 27, 2019.

Criminal facts

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. From June 26, 2017 to August 29, 2017, the Defendant: (a) inserted the volume of phiphonephones into a single-use hotel C in Gwanak-gu in Seoul Special Metropolitan City; and (b) injected them with water into the divers, and administered them by means of injecting them into the sprink.

2. Around 22:00 on May 4, 2020, the Defendant, at the five guest rooms of Gangnam-gu Seoul Metropolitan Government DD DD hotel, injected approximately 0.03g of phiphonephones into a single-use injection machine, dilution with water, and administered them in a way of injecting them into the blood transfusion.

No defendant shall administer psychotropic drugs, because he/she is not a person handling narcotics.

around January 8, 2020, the Defendant administered psychotropic drugs by inserting the psychotropic drug 0.03g of Meptacopon (one philopon) in a single-use injection machine, dilution with bio-treatment and injection into the Defendant’s arms.

Summary of Evidence

200 Highest 3620

1. Defendant's legal statement;

1. Records of seizure of the prosecution and the police investigation record, field photographs of the list of seizure, photographs of seized articles, narcotics appraisal records, reports on the presumption of the date and time of crime against the accused, and reports on the calculation of additional charges

1. Previouss before judgment: Criminal records, reply reports on criminal records, and investigation reports on the current status of accommodation of each individual;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the prosecution and the police investigation report to the accused, the protocol of seizure of the suspect interrogation, the protocol of seizure, the protocol of seizure, the protocol of prosecutor’s change of the list

1. The Act on the Control of Narcotics, etc. concerning criminal facts;

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