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(영문) 대전지방법원 천안지원 2018.07.13 2018고단1030

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor 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

The Defendant, who is not a person dealing with narcotics, is not a person dealing with narcotics, and is not a person dealing with chrophones (one philophones, hereinafter referred to as “philophones”), but dealt with philophones as follows.

1. On January 1, 2018, the Defendant: (a) contacted with the name Buddhistist who caused the advertisement to sell phiphones via the Internet at the event value in the Da Park in the Da Park-si, Seocheon-si; (b) remitted KRW 200,000 to his non-account designated by the said seller; and (c) purchased phiphones by finding out the phiphones amount hidden on the said event.

2. Medication of phiphones.

A. On February 16, 2018, around 16:00, the Defendant administered philophones by means of drinking the philophones among the phiphones purchased from the Do Officetel in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, as set forth in paragraph 1.

B. On February 19, 2018, at around 16:00, the Defendant administered philophones in a way that dives dives dives dives dives dives dives dives dives dives dives dives dives dives dives into one’s own arms

(c)

On March 3, 2018, at around 23:00, the Defendant administered philophones by means of dilution with biocom in a disposable injection machine as purchased in the instant officetel, as set forth in paragraph (1), and then injection into one’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the details of the detection of seized articles and the contents of seized articles);

1. Investigation report (to part of suspect's philophone use);

1. A report on investigation (the details of hearing of the person under investigation);

1. Protocol and list of seizure;

1. A written appraisal of each drug;

1. Application of each statute on photographs;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) (a) of Article 2, Article 60 (1) 3 of the Act on the Management of Narcotics, Etc. and the Selection of Sentence 1, Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (a) of Article 2 of the Act on the Control of Narcotics, Etc., and Article 60 (1) 2, and Article 4 (1) 1, and Article 2 subparagraph 3 (b) (a) of Article 2 of the Act on the Management of Narcotics, etc., and a sentence for the crime;

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