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(영문) 창원지방법원 통영지원 2015.09.16 2015고단693
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. The crime committed on July 25, 2015;

A. On July 25, 2015, the Defendant administered a philophone in a manner that, at the DMoel VIP room located in the Domoto C at the Gyeongnam-si, E psychotropic drugs for one-time medication (including approximately 0.03g g of a single psychotropic drug, hereinafter “philophone”) after dilutioning the psychotropic drugs into the Defendant’s arms by using a single injection device.

B. On July 25, 2015, the Defendant administered phiphones by allowing E to injection of a phiphone on the Defendant’s arms at the Buddhist telephone located at the lower end of Busan Ho-gu. At the low time. As above, the Defendant administered phiphones by allowing E to injection of approximately 0.03g of a phiphone on the Defendant’s arms.

2. The crime committed on July 28, 2015;

A. On July 28, 2015, the Defendant paid KRW 500,000 to E at the Buddhist telephones located at the lower end of the Busan Heung-dong, and purchased approximately KRW 0.3g of opphones, and possessed approximately KRW 0.24g up to July 31, 2015.

B. On July 28, 2015, at around 18:00, the Defendant administered phiphonephones by dilutioning one-time medication ( approximately 0.03g) among phiphones purchased from Gato F at Sinnam-si, as seen above, into the Defendant’s arms using a disposable injection device.

3. On July 31, 2015, the Defendant, at around 11:00 on July 31, 2015, administered phiphones in a way of dilutioning one-time popon (malopon) among the philophones purchased as above, into drinking water and drinking water.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (report on suspect photographs, Mour search photographs, moving pictures, motion pictures, photographs, market price of Mesphographs, and calculation of the amount additionally collected);

1. Seizure records;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to documents and photographs requested for appraisal of narcotic ingredients;

1. Article 60 (1) 2 and Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;

Title (Selection of Imprisonment)

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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