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(영문) 춘천지방법원 원주지원 2016.01.26 2015고단1080

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

1. The Defendant was aware of the fact that the merpter (one philopon; hereinafter “philopon”) knew of around 16:00 on November 21, 2015.

Before the residence of C, the Republic of Korea received 0.5g philopon from C, without compensation.

Accordingly, the defendant accepted philophones.

2. Medication of phiphones.

A. On November 22, 2015, the Defendant, at around 11:00, injected approximately 0.05g of the penphonephones received as the Defendant’s residence, 104 dong E Apartments, 302, and 1, in a single-time injection machine, and injected one time into the left arms.

Accordingly, the Defendant administered philophones.

B. On November 23, 2015, at around 01:00, the Defendant injected approximately 0.05 grams in the left arms in the same way.

Accordingly, the Defendant administered philophones.

(c)

On November 24, 2015, at around 02:00, the Defendant injected approximately 0.05g of philopon on the left part in the same way.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. The photographs of each protocol of seizure, each list of seizure, and each evidence;

1. Investigation report (the reasons why photographs are attached at the time of seizure);

1. Investigation report (attaching the results of an examination of simple reagents against the victim);

1. A letter of response to a request for appraisal (narcotics appraisal);

1. Application of Acts and subordinate statutes to investigation reports (Analysis and attachment of suspect and C call details);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection of imprisonment, respectively;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Three types of reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommended sentences), medication, simple possession, etc. (the items (b) and (c) of this Article);