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(영문) 의정부지방법원 2015.10.05 2015고단2980

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around 14:00 on February 28, 2015, the Defendant received approximately one gram of psychotropic drugs, psychotropic drugs, from E, from the D hotel guest room located in Ma-si C, by receiving approximately one gram of psychotropic drugs, from E without compensation.

2. At around 21:00 on June 13, 2015, the Defendant used phiphones by inserting approximately 0.05g of philophones received as above into a single-use injection machine, dilution with water to H.

3. At around 23:00 on June 14, 2015, the Defendant used phiphones by injecting approximately 0.05g of philophones received as above to H’s arms in the above manner.

4. At around 03:00 on July 1, 2015, the Defendant received philophones by receiving 0.1g of philophones from K without compensation in front of the J Hospital located in Pyeongtaek-si I.

5. At around 10:00 on July 24, 2015, the Defendant put about approximately 0.03 grams out of the buphonephones received as described in the foregoing 4.03 grams in the Guro-gu Seoul Metropolitan City L, into two for a single-use injection machine, and dilution with water, one of them used a buphone, and the remaining one was injected into the Defendant’s arms.

6. At around 16:00 on July 31, 2015, the Defendant administered approximately 0.04g of philophonephones received as described in the foregoing 4.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol of K, H, and N;

1. Investigation report (in cases of confirmation of the suspect's death on the upper philopon E);

1. Records of seizure and the list of seizure;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes on the price of narcotics;

1. The relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc., for which the punishment is chosen, and each imprisonment with prison labor;