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(영문) 대전지방법원 홍성지원 2013.11.29 2013고정332

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On March 2013, the Defendant, at the lower end of the Incheon Gyeyang-gu B apartment, received one campacter from C for a single injection device containing approximately 0.03 g of the campon (hereinafter “camphone”), and then administered the campon in the coffee extracted from the toilet in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, by dilution the camon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each investigation report (verification of information on administered phiphones, and copies of written statements and protocol of suspect C about suspect C, confirmation of mobile phone numbers being used by E, identification of A and commencement of investigation, and calculation of additional collection charges against A);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, as well as the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The proviso to Article 67 of the Narcotics Control Act;

1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is very difficult economic situation, such as that the defendant undergoes two times of surgery, and is currently under navigation cancer treatment, and the defendant's wife lives in the restaurant and lives in the cafeteria, considering the fact that the defendant shows the recognition of and reflects on the crime of this case and does not repeat the crime.