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(영문) 수원지방법원 2014.11.07 2014고단4506
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is not a person handling narcotics.

1. On June 6, 2014, around 17:00 on June 6, 2014, the Defendant, at the home of the Defendant located in the building 402 located in Gangnam-gu Seoul Metropolitan Government, administered psychotropic drugs by inserting approximately 0.05g of psychotropic drugs into a single-use injection machine, and dilution with water, and then having C injection into the Defendant’s arms.

2. On June 6, 2014, the Defendant issued philophones without compensation to C, at the same time, at a place as in the foregoing paragraph 1, and at least 0.05 g philophones.

3. On June 7, 2014, around 11:00 on June 7, 2014, the Defendant administered phiphones by inserting approximately 0.05g of phiphones into a single-use injection machine, dilution them with water, and making C injection into the Defendant’s arms.

4. On June 7, 2014, the Defendant issued philophones without compensation to C, at the same time, at a place as in the foregoing paragraph 3, and at approximately 0.05 g philophones.

5. On July 2014, the Defendant administered a philophone medication in a manner that, around the beginning of July 2014, around 05:00, the Defendant added approximately 0.05g of philophone into the home of the above Defendant and 0.05g of philophone into the single-use injection machine, dilution into the water and caused D to injection into the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. A copy of each protocol of examination of suspect regarding D by the prosecution;

1. Application of each written appraisal and relief statute;

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor for the crimes;

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;

1. Probation under Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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