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(영문) 서울중앙지방법원 2019.06.27 2018고단4729
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

700,000 won shall be additionally collected from the defendant.

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 Meblopon (one philopon; hereinafter “philopon”) as follows:

1. Around February 2017, the Defendant paid KRW 400,000 in cash to a male in the name-free type who became aware of through the “B”, which is a mobile phone-type display case, in the French area of Seoul (hereinafter referred to as “Seoul”), and purchased approximately 0.5g of philophones.

2. Points of the administration of philophones.

A. On April 17, 2017, at around 01:00 to 10:00, the Defendant, at an irregular officetel of Yeongdeungpo-gu Seoul Metropolitan Government D (hereinafter referred to as Yeongdeungpo-gu Seoul Metropolitan Government D, dumped approximately 0.05g of philopon into three for a single-use injection instrument, and injected one of them into one for a single injection instrument, and in one for the rest of the injection instrument, the Defendant injected it into the above name-free box and the spopon in one for a single-use injection instrument.

Accordingly, the Defendant, in collusion with a person who was unable to obtain his name, and C, administered philophones.

B. At around 23:00 on April 18, 2017, the Defendant, along with the foregoing C, was accommodated in the guest room of the hotel EM in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and C, 0.05 grophones by inserting approximately 0.05 grophones into two for a single-time injection instrument, melting them into one for a single injection instrument, and C, with the remainder of the injection devices, voluntarily injected into his arms and her arms.

Accordingly, the Defendant conspired with C to administer philophones.

C. At around 03:00 on July 17, 2017, the Defendant, along with his name-free persons, posted approximately 0.5g of philopon into the Defendant’s arms in the stairs located in Yongsan-gu Seoul Metropolitan Government “H” in Yongsan-gu for one-time injection.

Accordingly, the defendant, in collusion with male incompetence, administered philophones.

Summary of Evidence

1. A protocol concerning the examination of each police suspect against the defendant or C;

1. Each narcotics appraisal report, simplified drug examination, and the conversation between the suspect and his accomplice C at the time of interrogation of the suspect, the “B” conversation between the suspect and his accomplice, and the investigation report (calculated as a surcharge).

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