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(영문) 서울중앙지방법원 2020.04.09 2019고단5851
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., one philopon; hereinafter referred to as “philopon”), as follows:

1. On February 6, 2019, the Defendant, on a new wall, had a man on the name omitted in the name that he/she became aware of through a smartphone hosting app in Gwanak-gu, Seoul Special Metropolitan City, put the philopon in a single-use injection machine (pertime medication equivalent) and dilution it with water, and administered it in a manner that allows the Defendant to injection into the Defendant’s arms blood transfusion.

2. On June 18, 2019, the Defendant, at the residence of the Defendant of Ansan-gu Manyang-gu, Seoyang-gu, Gyeonggi-do, Manyang-gu, in a single-use injection machine, dilutioned with water, and administered phiphones by means of injection with the Defendant’s arms.

3. On July 2019, the Defendant administered a phiphone in a manner that allows a man on the name-free side, who became aware of through a smartphone hosting app at the cross-defluence in Gangnam-gu Seoul, Gangnam-gu, Seoul, to infect the Defendant’s arms in a way that the Defendant injected the phiphones into the Defendant’s arms bloodline in the same manner as the above 1.

4. On September 1, 2019, the Defendant: (a) on September 1, 2019, around the new wall, administered phiphonephones in a way that had a male incomponon on the name of the Defendant, who requested the Defendant to take a business trip in Samsung-dong, Gangnam-gu, Seoul, to have the Defendant injection of phiphones into the Defendant’s arms blood cells (per-time medication equivalent to the amount of one-time medication).

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Records of seizure and the list;

1. An appraisal report;

1. Application of the Kakao Stockholm statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (Selection of Imprisonment) concerning the relevant criminal facts;

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

1. Article 62 of the Criminal Act:

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