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(영문) 서울북부지방법원 2018.02.07 2017고단4064
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 (in case of 67 pages of investigation records) shall be forfeited from the accused.

Reasons

Punishment of the crime

On August 11, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on one year and six months on March 12, 2017 and completed the execution of the sentence.

Defendant is not a narcotics handler.

1. Around 19:00 on March 19, 2017, the Defendant received approximately 0.1g of the psychotropic drugs, which were located in a single-use injection device, from F, on the road front of the “Ecafeteria” located in Yangcheon-gu Seoul Metropolitan Government, and received approximately 0.1g of the Melopon (hereinafter “philopon”).

Accordingly, the defendant accepted a local mental medicine.

2. Medication of psychotropic drugs;

A. On September 17, 2017, around 20:00, the Defendant injected approximately 0.1g of philophone into his arms from H hotel 410 head office in Gwanak-gu, Seoul Special Metropolitan City, after dilutioning 0.1g of philophone into their arms.

B. On September 19, 2017, around 01:00, the Defendant injected approximately 0.07g of philophone into his arms from the PC toilets in which the trade name located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, is unknown.

Accordingly, the defendant administered a local mental medicine twice.

3. On September 19, 2017, around 15:25, the Defendant: (a) stored approximately KRW 2.37g of philopon contained in a vinyl wing box on the front of Gwanak-gu in Seoul Special Metropolitan City and approximately 0.04g of philopon in his/her hand.

Accordingly, the defendant possessed a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Police seizure records;

1. A written appraisal of each drug;

1. Written reply to a request for appraisal;

1. Investigation report (calculated of a suspect A's additional collection charge);

1. Previous convictions in judgment: Application of inquiries, circulars, and Acts and subordinate statutes on personal acceptance;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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