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(영문) 춘천지방법원 2016.08.31 2016고단705
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

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. Receipt of Handphones;

A. On October 1, 2015, at the house of D located in Chuncheon City, around 03:00, the Defendant received from E a single-use injection, a non-fluoric mental medicine (hereinafter “copon”).

B. On October 1, 2015, at around 04:00, the Defendant received from the house of the foregoing D, the amount of philophones not covered (one-time medication quantity) contained in the one-time injection machine E.

(c)

On October 1, 2015, the Defendant: (a) around 08:00, at the house of the above D around 08:00, D had the philopon volume on a paper A4, and carried it on a living room table.

Accordingly, the defendant received philophones three times.

2. Medication of phiphones.

A. On October 1, 2015, the Defendant: (a) around 03:00, at the house of the above D, melted a philopon contained in a single-use injection instrument, such as paragraph (a) of Article 1, into water; and (b) caused D to injection into the Defendant’s arms.

B. At around 04:00 on October 1, 2015, the Defendant injected philophones contained in a single-use injection device, such as paragraph 1-b, into water, and injected into the arms.

Accordingly, the Defendant administered philophones twice.

3. The Defendant of marijuana smokes at the center of G Hacheon-si, G in the early night around July 2016, the Defendant drank a smoke by inserting the fluor of tobacco, inserting the fluor of tobacco, inserting the fluor of the fluor of marijuana into the fluor of marijuana, and attaching the fluor of the smoke to the fluor of the smoke.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the defendant's statement E in the prosecutor's examination protocol

1. Each prosecutor's statement protocol with respect to E and D;

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (the point of receipt and delivery of phiphones and the point of administration), 61 subparag. 4(1) and 3 subparag. 10(a) (the point of charge of smoking marijuana) of the Act on the Control of Narcotics, etc. under the relevant Act on the criminal facts, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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