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(영문) 서울중앙지방법원 2020.11.19 2020고단4858
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Nos. 1 and 2 (except for the portion of appraisal and consumption) that have been seized from the defendant.

Reasons

Punishment of the crime

The defendant shall not take any act of medication or transaction of psychotropic drugs, other than a person handling narcotics.

The defendant is not a person handling narcotics.

1. On March 25, 2020, the Defendant: (a) decided to purchase psychotropic drugs-related psychotropic drugs-related Mepiles (i.e., a single philopon; hereinafter referred to as philopon); (b) deposited KRW 350,000 among the accounts in the name of Cbank (E) in the name of D that the seller informed; and (c) sold psychotropic drugs between the so-called “G apartment” forest near the Seocho-gu Seoul subway Line 7, around 00:0, around 26:00 of the same month, by finding three philopons containing approximately 0.1g of each philopon.

2.(a)

At around 01:00 on March 26, 2020, the Defendant administered psychotropic drugs by dilution one of the disposable injection devices purchased as described in paragraph (1) with water at the house of the Defendant located in the H building I of Dongjak-gu Seoul Metropolitan Government, and by injecting it into the Defendant’s arms.

B. At around 23:00 on Apr. 202, the Defendant injected psychotropic drugs by dilution one of the disposable injection devices purchased at the Defendant’s house, as described in paragraph (1), with water, into the Defendant’s arms.

C. At around 23:00 on Apr. 2020, the Defendant injected psychotropic drugs by dilution one of the disposable injection devices purchased at the Defendant’s house, as described in paragraph (1), with water, into the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Details of transactions under the name of D;

1. Each appraisal report and each request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports;

1. Selection of imprisonment, as provided for in Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Management of narcotics, etc. additionally collected;

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