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(영문) 광주지방법원 2016.06.17 2016고단1497

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight 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

Defendant is not a narcotics handler.

1. On November 2015, 2015, the Defendant: (a) around the D Hospital located in Asan-si, Asan-si; (b) 200,000 won in the price of the Meteptopy (one philopon; hereinafter “philopon”); and (c) 10,000 won in the price of the Melopon (one philopon; hereinafter “Wlopon”); and (d) 0.35 g from E.

2. On November 2015, the Defendant injected the F car parked near the said D Hospital with approximately 0.03g of philopon in a single-use injection machine, melting it with water, and then injected it into the Defendant’s arms.

3. On November 2015, the Defendant put about approximately 0.03g of philopon into a disposable injection machine from F’s car parked on the non-road, which had been moved from the Seocho-si to the Gambi-si (the same day as the above paragraph (1)), and melted into the Defendant’s arms.

4. On November 2015, the Defendant: (a) put approximately 0.03g of philopon into a single-use injection machine at the house of the F, 201, the Defendant injected it into the Defendant’s arms, and injected it into the Defendant’s arms.

5. On November 2015, the Defendant injected approximately 0.03g of philopon into a single-use injection machine at the house of the above F (the following day of the foregoing paragraph 4), melting with water, into the Defendant’s arms.

6. On January 2016, the Defendant injected approximately 0.03g of philophones into a single-use injection machine at the I Park in Asan-si H, and injected them into the Defendant’s arms after being melted with water.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to the defendant in the fourth, third, or fourth prosecutor's office concerning the suspect examination protocol;

1. Entry of the copy of the statement protocol with respect to E;

1. A description of the response to a request for appraisal (record 236 pages);

1. Application of the respective Acts and subordinate statutes on the details of AF call call, and the details of F A call call call;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes, Articles 60 and 60 (1) 3 and 2 of the same Act on the Management of Narcotics, etc. and Selection of Punishment

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.