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(영문) 전주지방법원 2017.02.24 2016고단2366

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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 June 10, 2016, at around 10:0, the Defendant 10:00, performed a medication by having C, the husband, who is the husband, injected the remainder into the Defendant’s her butane, in a non-fluorial room of the non-fluorial telephone, which is a fluorial medicine (hereinafter referred to as “propopon”), of the fluoric mental medicine, which is dilutiond with water in a single-use injection machine, with drinking water.

2. On June 12, 2016, at around 23:00, the Defendant administered the Defendant’s dwelling D, the Defendant’s dwelling located in Seojin-gu, Jinjin-gu, Seoul, with approximately 0.08 g of philophonephones converted into water in a single-use injection machine, which was administered by C, for injection into the Defendant’s dwelling.

3. On July 2016, the Defendant administered approximately 0.08g philopon at the residence of the Defendant, in the same manner as Paragraph 2, at the seat of the first new wall.

4. On July 2016, the Defendant administered approximately 0.08 g of phiphones in the same manner as paragraph 2 at the residence of the above Defendant, on the top of the first new wall, in the middle of 2016.

5. On September 1, 2016, the Defendant administered approximately 0.08 g of phiphones in the same manner as paragraph 2 at the place of residence of the above Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of narcotics appraisal (the reaction to the training of crypt crypt crypists);

1. Reference materials (related to filing of a statement of cell phone calls used by empty C);

1. Application of Acts and subordinate statutes to each investigation report (related to the verification of accommodation of Seongdong-gu and Seongdong-gu persons who committed narcotics crimes, and the phiphone market price);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment (the point of administration of phiphonephones, the selection of imprisonment with prison labor);

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to attend lectures;

1. Grounds for calculation of additional collection charges: proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to the collection of additional collection charges: 1. Medication once; and