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(영문) 서울중앙지방법원 2018.11.01 2018고단6077
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Megatop cam (one philopon; hereinafter “philopon”) which is a local mental medicine as follows:

1. On March 1, 2018, the Defendant remitted KRW 100,000 of the purchase price to the sales of smartphones with the nameless philopon from the cash payment machine located in the Gangnam-gu Seoul Metropolitan Government Seo-dong, which was known through smartphones. On the same day, the Defendant had approximately KRW 0.05 g of the philopon, which was contained in the plastic bag that the said philon seller hidden in front of the Maur in Jongno-gu Seoul Metropolitan City.

Accordingly, the defendant purchased approximately 0.05g of 0.05g of philophone from the seller of philophones in the name of the defendant.

2. On March 1, 2018, the Defendant: (a) inserted approximately 0.05g of philophones purchased in Jongno-gu Seoul, Jongno-gu, into a disposable injection machine; (b) dumped them with water; and (c) administered philophones by means of injection into the Defendant’s arms blood cells.

3. On June 30, 2018, the Defendant administered philophones in G located underground in the Seocho-gu Seoul Metropolitan Government F Building, in a way that a man with no name was put about 0.05g philophones, which the male had been in a single-use injection machine, dilution with water, and then had the Defendant injection into the Defendant’s arms blood cells.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the investigation report (the results of appraisal by the National Institute of Scientific Investigation for Suspect A), investigation report (the results of appraisal by the National Institute of Scientific Investigation for Suspect A maternity);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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 62 (1) of the Criminal Act on the suspended execution;

1. An order to observe the protection under Article 62-2 of the Criminal Act;

1. Collection of narcotics;

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