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(영문) 춘천지방법원 2016.11.09 2016고단932
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Medication of phiphones;

A. At around 19:40 on November 26, 2015, the Defendant: (a) decided to administer psychotropic drugs-related campacters (hereinafter “camphone”); (b) maropon, such as f, G, and H, in the Eurine room near the D basin located in Suwon-gu, Suwon-si; and (c) the said G damopon, dried up one eye (0.07g) divided into four parts for a single-use injection machine with a camopon, melted with a damopon which the Defendant and the Defendant injectedd into the said F, H, and their arms.

Accordingly, the Defendant, in collusion with F, G, or H, administered philophones.

B. At around 18:00 on January 23, 2016, the Defendant decided to administer phiphones, such as F, G, and K, at the Jmotour room located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. The above G obtained a phiphone from the crophones possessed by F, and divided one eye into four for a single-use injection machine (mix 0.07g), and then injected the Defendant into the said F, K, and its own arms.

Accordingly, the Defendant, in collusion with F, G, or K, administered philophones.

2. On December 9, 2015, the Defendant: (a) remitted 80,000 won from a community credit cooperative in Suwon-si, Suwon-si, to the accounts of F community credit cooperatives in the name of F; (b) around 22:00, from F, approximately 1.05 g (one half of a disposable injection machine) from F at the Mamoel room located in Incheon Bupyeong-gu, Incheon; and (c) received approximately 1.05 g (one half of a disposable injection machine) from F.

Accordingly, the defendant purchased and sold philophones.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial prosecutorial statement concerning F;

1. The application of Acts and subordinate statutes on the details of telephone calls, account transactions, and appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (Article 30 of the Criminal Act is jointly provided for in paragraph (1) of the same Article concerning facts constituting an offense, and Article 30 of the Act on the Selection and Management of Narcotics, Etc. and Selection of Imprisonment with labor);

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

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.

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