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(영문) 창원지방법원 거창지원 2016.11.09 2016고단159
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【Criminal Power” In the Daegu District Court on December 13, 2013, the Defendant was sentenced to 8 months of imprisonment for a violation of the Act on the Control of Narcotics, etc. and 2 years of a suspended sentence, and the said judgment became final and conclusive on December 21, 2013. However, on January 15, 2015, the Daegu District Court sentenced six months of imprisonment for a violation of the Act on the Control of Narcotics, etc. and revoked the said suspended sentence and completed the execution of the final sentence on August 29, 2015.

【No person other than a person handling narcotics, etc.】shall administer narcotics or psychotropic drugs.

1. At around 14:00 on September 13, 2015, the Defendant: (a) administered clophone medication by means of inserting approximately 0.07g of psychotropic drugs for a single-use injection machine; (b) inserting approximately 0.07g of psychotropic drugs (i.e., a single-use clophone; hereinafter referred to as “phiphone”) and dilution them into arms on September 13, 2015, when the Defendant was not a narcotics handler; (c) around 14:00, Sept. 13, 2015.

2. On September 13, 2015, the Defendant: (a) was not a handler of narcotics, etc.; and (b) was administered by means of inserting approximately 0.07 glopon into a single-use injection machine from September 13, 2015 to 0.07 glopon on September 13, 2015.

3. On September 14, 2015, the Defendant: (a) was not a handler of narcotics, etc.; and (b) was administered by inserting approximately 0.07g of philopon into a single-use injection machine on September 14, 2015; and (c) dilution with water.

【2016 Highest 396】 The Defendant administered narcotics, etc. on May 23, 2016, after dilution approximately 0.07 ghononon to coffee at the Busan East-gu E building 602, Busan around the aftermath of May 23, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. The table for a request for appraisal, and the table for a request for appraisal;

1. Records of seizure and the list of seizure;

1. Reporting on investigation (referring to references in calculating additional charges);

1. The section of judgment: An investigation report (the previous and the attachment of the judgment);

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