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(영문) 의정부지방법원 고양지원 2013.05.24 2013고단27

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On May 17, 2007, the Defendant was sentenced to 8 months of imprisonment for violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court, and the same kind of criminal record was more than 8 times. On November 20, 2012, the Defendant was sentenced to 2 years of suspension of execution for 10 months of imprisonment without prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Residential Support for the Daegu District Court.

【Criminal Facts】

A person other than a person handling narcotics shall not administer a psychotropic drug camacopon (one copon (one copon; hereinafter referred to as "copon").

Nevertheless,

1. On October 201, 201, the Defendant: (a) inserted approximately 0.1g of philopon in a disposable injection toilet located in Ansan-si, Sindong-si; (b) melted water; and (c) administered philopon into the Defendant’s arms in a way of injection into the Defendant’s arms.

2. On July 19, 2012, the Defendant, at around 19:00, administered phiphonephones by inserting approximately 0.1g of philopon into the “J Real Estate” office operated by the Defendant in Yancheon-gun, Gancheon-gun, and dilution into water, and melting them into the Defendant’s arms blood cells.

3. After approximately two days of the administration of phiphones, the Defendant, as in paragraph 2, administered phiphones by inserting approximately 0.1g of phiphones into the “J Real Estate” office, and melting them into water, and administering phiphones by injecting them into the Defendant’s arms blood cells.

Summary of Evidence

1. Defendant's legal statement;

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

1. A copy of the written statement by the prosecution against K;

1. Investigation report (Attachment to the details of cell phone calls), and notification of the results of narcotics appraisal;

1. Previous convictions: Application of criminal records and investigation reports (Attachment of separate judgments concerning traffic accidents);

1. Articles 60(1)3 and 4(1), and 2 subparag. 4 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same) concerning criminal facts.