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(영문) 서울남부지방법원 2018.10.24 2018고단4288
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

Defendant is not a narcotics handler.

1. Around March 8, 2018, the Defendant purchased 700,000 won from the bank account of the D person designated by the above person who purchased 70,000 won as the price to purchase 1 g of the Mepta (hereinafter referred to as the “Mepphone”) which is a local mental medicine from the seller of the Meptoty (BID; hereinafter referred to as the “Mepphone”) at the cash payment from the branch office of the Gangnam-gu Seoul Bank of Gangnam-gu 211 (BID), Gangnam-gu, Seoul, the Defendant purchased 1 mepphone from the person who sells the mepphone in advance. On the same day, around 02:00, the Defendant deposited 1 mepphone in the name of the D person designated by the above person who purchased mepphone.

2. Medication of phiphones.

A. At around 10:00 on March 10, 2018, the Defendant injected approximately 0.3g of philophones purchased, as described in paragraph (1), into the Defendant’s residence, and 0.3g of philophones purchased as described in paragraph (1), and administered them by math method.

B. On March 10, 2018, at around 12:00, the Defendant administered approximately 0.3 g of phiphones in the same manner as the written in the foregoing paragraph (a).

(c)

On March 11, 2018, at around 10:00, the Defendant administered approximately 0.2g opphones in the same manner as described in the foregoing paragraph (A).

(d)

In light of the amount of philophones purchased by the Defendant on March 11, 2018 in the residence of the above Defendant on March 11, 2018, and the amount of philophones purchased by the Defendant on the same manner as the written in the above paragraph (a) and the Defendant’s prosecutor’s statement, the “0.3g” written indictment appears to be written in writing.

B. A medication was made.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on investigation (calculated additional collection charges);

1. Application of the Acts and subordinate statutes to a response to a request for appraisal;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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