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(영문) 수원지방법원 안양지원 2021.03.26 2020고단2439
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant purchased and administered the Metropha (the clopon) of Metropha, which is a local mental medicine, on two occasions as follows.

1. On April 20, 2020, the Defendant transferred 550,000 won from the cash withdrawal machine “C Bank D branch” located in the Gu, “C Bank D branch” located in the Gu, to the needy, and purchased approximately 1 g of phiphone from the bottom of the toilet change column of the building located in Seoul or below the Seoul, and then administered the G autopsy parked in the Dong parking lot of the E-Gu building F in the inside of the same day by inserting approximately 1g of phiphonephone purchased in the color fluorl car, and then taking the me into account the fluorl car.

2. On April 25, 2020, the Defendant transferred KRW 550,000 to the needy at the cash withdrawal machine of the said bank, and purchased approximately KRW 1g of philopon from the male toilet for the scopon from Gangnam-gu Seoul Metropolitan Government (Seoul). On the same day, the Defendant administered approximately 1g of philopon within the same vehicle parked at the above parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions of suspect among the details of transactions of accounts in the account book for the sale of phiphones;

1. Video images transferred by the person under consideration to the account book for sale;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (report on the calculation of additional collection charges);

1. Relevant legal provisions and Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. (the sale and purchase of, and the administration of, local mental drugs) and the selection of fines for each crime;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. was that the defendant purchased and administered a penphone on two occasions.

However, prior to the occurrence of the instant crime, the family members are hospitalized in the mental hospital under the protection of the family members and receive treatment for drug addiction.

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