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(영문) 광주지방법원 2015.10.28 2015고단3772
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

1. Medication of phiphones;

A. On January 14, 2014, the Defendant administered a hotel C in the Busan Metropolitan Transportation Daegu by a method of drinking the beer, containing approximately 0.03 g of the Masptop (one philopon; hereinafter the same shall apply), a psychotropic drug, D, in a hotel C in the Busan Metropolitan Transportation Daegu.

B. On January 20, 2014, the Defendant administered the drugs in a way that caused D to injecting approximately 0.03g of philopon to the Defendant’s arms using a disposable injection device.

C. On January 2014, the Defendant administered D’s medicine by having D take approximately 0.03g of 0.03g of philopon into the Defendant’s arms using a disposable injection machine. D.

On February 2, 2014, the Defendant administered approximately 0.1g of Handphones in drinking water, which was administered by drinking water.

E. On February 2, 2014, the Defendant administered approximately 0.1g of Handphones in drinking water, which was administered by drinking water in Daegu Northern-gu Ella 406, and 0.1g of Handphones.

F. On February 2, 2014, the Defendant administered approximately 0.1g of Handphones in an irregular manner, which was administered by the Defendant on February 1, 2014.

2. The Defendant possession of philophones in the manner of keeping packages containing approximately 20 g of philophones received from G from June 15, 2014 to June 18, 2014, at the Defendant’s house located in Daegu-gu F building 501, and at the Defendant’s house located in G from June 15, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Part of statement D in the second police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes on the prices of narcotics, etc. and investigation reports (report on phiphone market prices);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Imprisonment with prison labor chosen;

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

1. Suspension of execution;

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