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(영문) 서울중앙지방법원 2016.06.23 2016고단2723
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

1,750,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Majority Relationship] On March 11, 2016, the Defendant was sentenced to imprisonment with prison labor for 8 months and 2 years of suspended execution on March 19, 2016, and the judgment became final and conclusive on March 19, 2016.

[Criminal facts] The defendant is not qualified to handle narcotics

1. On January 19, 2016, the Defendant: (a) decided to purchase a clopon from a person with no knowledge of his/her name (i.e., Ad and D) using a reciting app C; and (b) to purchase a clopon (i.e., a single copon; hereinafter referred to as “copon”).

Accordingly, Defendant: (a) transferred KRW 350,000 to a national bank account in the name of E designated by a person whose name is unknown; (b) purchased approximately 0.5g of opon from Kwikset Service Articles in Pyeongtaek-si F on the same day; and (c) purchased approximately 2.5g of opon from around that day to February 13, 2016, using Kwikset Service from a person whose name is unknown at least five times in total, as indicated in the following crime list, or using a opon that was kept in advance in mail, from a person whose name is unknown at least five times in total.

2. Medication of phiphones.

A. On February 13, 2016, the Defendant injected in his/her arms in Pyeongtaek-si Officetel No. 203 (A) by dilutioning the volume of penphones into water on two occasions in total.

Accordingly, the Defendant administered philophones.

B. On February 19, 2016, the Defendant injected the philophones into his arms by dilutioning the philophones into water at his own residence.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (Attachment of suspect mobile phone hosting details and replys to the results of the suspect A's maternity appraisal);

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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