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(영문) 수원지방법원 2017.03.23 2017고단566
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

80,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant traded and administered the Metropha (one philophone, hereinafter “philophone”) which is a local mental medicine as follows:

1. On October 8, 2016, the Defendant: (a) requested C to seek writingphones; and (b) transferred KRW 800,000 to the State account by informing C of the account in which C is using a book for sales of written phones; and (c) transferred the account in which C consented to the request.

On the same day, the Defendant received a written phone hiding from C with D photograph, and purchased the written phone in a way of searching for a vinyl paper containing approximately one gram of the said written phone in front of the building in Gwangjin-gu Seoul Special Metropolitan City E, which is the storage place of the written phone.

2. Medication of phiphones.

A. On December 2016, the Defendant administered philophones by inserting approximately 0.1g of philophones at the residence of G located in Gangnam-gu Seoul Metropolitan Government F and B03, diversating them into a single-use injection machine, dilution with raw water, and injection them into their arms.

B. Around January 4, 2017, the Defendant: (a) inserted approximately 0.05g phiphonephones into a single-use injection machine at his own dwelling located in Gyeonggi-si H apartment 102 Dong 1603, Gyeonggi-si around January 4, 2017; and (b) injected phiphones by inserting them into his arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each protocol of seizure and each list of seizure;

1. Disposable photo of the son for one room at the place of residence of the recipient;

1. Investigation report (related to the previous report of the suspect);

1. Report on investigation (report on the calculation of an additional collection charge);

1. Application of Acts and subordinate statutes to correspondence with the results of 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 Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Act on the Management of Confiscated Narcotics, Etc.;

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