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(영문) 춘천지방법원 2016.06.15 2016고단306

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

80,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Receipt of Handphones;

A. On November 15, 2015, the Defendant: (a) at D’s house located in C3, Chuncheon City around 21:30 on November 15, 2015; (b) approximately 0.35 g (one-time mobile phone fraud 5 can be divided into approximately 0.35 g (hereinafter referred to as “philopon”); (c) one disposable injection machine, which is a local mental medicine, was dried free of charge.

B. On March 27, 2016, around 14:00, the Defendant received a single-use injection device free of charge, which contains the 502 popon’s non-copon volume (one-time medication quantity) from Sungnam-si E. E., Sungnam-si, and F.

Accordingly, the defendant received philophones twice.

2. On January 7, 2016, the Defendant: (a) delivered KRW 20,000 in cash to Hate 506 in G in Chuncheon-si; and (b) received, in return, one disposable injection device containing approximately 0.45g of philopon from D, in return for delivering KRW 20,000 in cash to D as the purchase price of philopon.

Accordingly, the defendant purchased and sold philophones.

3. Medication of phiphones.

A. On November 15, 2015, the Defendant injected D’s house located in C3 stories in Chuncheon City around November 15, 2015, with approximately 0.075g of philopon received from D, such as paragraph 1(a), into a single-use injection machine, and melted the following water.

B. On March 27, 2016, at around 14:00, the Defendant dices the opopon volume (one-time dose) received from F, as set forth in subparagraphs 502 and 1(b), in a coffee, as in subparagraphs 1 and 1(b).

Accordingly, the Defendant administered philophones twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D's statement among the protocol of interrogation of the suspect against the defendant by the prosecution

1. Copy of the protocol concerning suspect examination of D; and

1. Application of Acts and subordinate statutes to narcotics appraisal certificates and gene appraisal certificates;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of imprisonment for a definite term, and the selection of imprisonment for a definite term;

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. 80,000 won under the proviso to Article 67 of the Act on the Management of Narcotics, Etc. for Additional Collection ( November 15, 2015);