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(영문) 서울중앙지방법원 2019.01.31 2018고단7776
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

The seized evidence Nos. 1, 4 through 7 shall be confiscated from each of the accused.

Reasons

Punishment of the crime

[Criminal Power] On July 20, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court on October 10 and two years of suspended execution, and the above judgment became final and conclusive on July 28, 2017.

【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. On July 2018, the Defendant received approximately 0.1g of a philophone, which was contained in a one-time injection machine from a person who had been aware of a smartphone on the street near the king of Seongdong-gu Seoul, 300 king, for free, in a way of inserting approximately 0.05g of the said philophone in the container box at the construction site of the Namyangyang-si, Namyang-si, Namyang-si, 2018, in a single-time injection machine and dilution it with water, and then administered it in a way of injecting the Defendant’s arms.

2. On October 29, 2018, the Defendant: (a) around October 29, 2018, up to 200,000 won for the purchase price of philopon from the name unexpectedist who became aware of through smartphone hosting apps in front of the D theater in Jongno-gu Seoul Metropolitan Government; and (b) 200,000 won for the purchase price of philopon from the name unexpectedist who was aware of it.

Accordingly, the defendant purchased approximately 0.2g 200,000 won from a nameless person.

3. On November 9, 2018, the Defendant: (a) inserted approximately 0.05g oponon in a single-use injection machine in Jongno-gu Seoul EtecomF; and (b) dilution with water; and (c) administered oponon in a way of injecting it into the Defendant’s arms blood cells.

4. On November 12, 2018, at the Seoul Metropolitan Police Agency metropolitan investigation group office located in Dongdaemun-ro 201, the Defendant kept one disposable injection machine containing approximately 0.03g of philopon and one disposable injection machine containing approximately 0.06g of philopon in a household located in the office of the Seoul Metropolitan Police Agency metropolitan investigation group located in Dongdaemun-ro 201.

Accordingly, the defendant possessed approximately 0.09g philophones.

Summary of Evidence

1.

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