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(영문) 창원지방법원 2017.05.11 2017고단380
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On May 14, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Changwon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the said punishment on April 4, 2016.

No person other than a narcotics handler shall trade or administer a psychotropic mental medicine.

Despite the fact that the Defendant is not a handler of narcotics, the Defendant traded and administered Metepopa (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On August 29, 2016, at around 23:00, the Defendant: (a) parked in a letter D store located in Kimhae-si, Kimhae-si; (b) 100,000 won in cash from E; and (c) issued and traded 0.03g of phiphonephones contained in a one-time injection machine to E.

2. On January 30, 2017, the Defendant injected approximately 0.03g of oponon into the Defendant’s right hand, etc. at around Kimhae-si G, 103, and the Defendant’s dwelling room located in the Defendant’s dwelling area, and 0.03g of opon into the Defendant’s living room.

Summary of Evidence

Part of the Defendant’s legal statement(s) concerning the Defendant’s legal statement(s) of E in the second interrogation protocol of the Prosecutor’s Office for the Defendant, the status of acceptance by each individual, and a copy of the judgment(s) [Calculation of Additional Imposition Charges)] of the investigation report (E is subject to the police investigation on the phiphone medication, and the Defendant was identified as the upper line, and the contents of the statement are consistent and concrete.

E was examined by the Defendant at the prosecutor’s office, and “In the Defendant’s workplace located at Kim Jong-si at night on August 29, 2016, the Defendant was released from the Defendant’s phone with a person who was carrying the penphone, and the Defendant was cut to D E in the bag, and the Defendant, who was released from D Et, returned from D Et to 5 minutes, was released from the envelope, and the Defendant was released to JJ hospital at Kimhae-si.” The Defendant also recognized the fact that the Defendant was moved as above, and the two were late at night.

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