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(영문) 인천지방법원 부천지원 2017.07.07 2017고단1163
마약류관리에관한법률위반(향정)
Text

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

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. From the end of November 2016, the Defendant purchased a mert clopon (one philopon; hereinafter referred to as a philopon), which is a local mental medicine medicine, from D hotel in Bupyeong-si, Bupyeong-si, 2016, to KRW 1.30,000.

2. The Defendant, at the time, at the time, at the place described in paragraph 1, had E put approximately 0.07g of philopon into a single-use injection machine, dilutiond with biocom, and administered philopon by having the Defendant injection into the blood cells of the Defendant’s arms.

3. The Defendant administered approximately 0.07 g of philophones in the influenite-dong, the following day after the day of the day described in paragraph 1, in the same manner as described in paragraph 2.

4. The Defendant purchased approximately KRW 2.1g of Handphones from E during the period when the Defendant was going to go from the conference set out in paragraph 3 at the time of the day set out in paragraph 3 and from E to the Defendant’s house.

5. After approximately three days from the date and time of the entry in paragraph 3, the Defendant: (a) inserted approximately 0.07g of philopon into a single-use telephone; (b) injected the Defendant’s arms into a single-use injection machine; and (c) administered philopon by having the Defendant injection into the Defendant’s arms blood cells.

6. On February 2, 2017, at the Defendant’s house No. 507, the Defendant injected approximately 0.07 glopon into a single-use injection machine, dilution with a fresh water, and injected the copon into one’s arms blood line.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the protocol concerning the examination of suspects by the prosecution concerning G;

1. Police seizure records and list of seizure;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to report on prosecution investigation (calculated additional collection charges);

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with 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 suspended execution;

1. Order to attend lectures under Article 62-21 of the Criminal Act;

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