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(영문) 의정부지방법원 2016.07.08 2016고단1463
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 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. On May 1, 2015, the Defendant purchased approximately 0.4g of the Mebane clopon, which is a local mental medicine, from E, for approximately 1.5 million won by purchasing approximately 0.4g of the Mebane copon, a local mental medicine (hereinafter “Mecopon”).

2. On Oct. 1, 2015, the Defendant received one disposable injection machine from G to G, which contains approximately 0.05 grams of 0.05g philopon, from G, from which he received a fluoric mental medicine.

3. On October 2015, the Defendant, at the inn of the same place as above 2, 2015, diversary in a single-use injection machine containing approximately 0.05g philophones as set forth in the above 2, divers into a single-use injection machine containing approximately 0.05g of philophones, and dives into the Defendant’s hand, etc., administered psychotropic drugs.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of G and E by the prosecution;

1. Statement made by the prosecution against E;

1. Copies of the statement made by each prosecutor to the H by the prosecution;

1. Investigation reports (I and E judgments), investigation reports (verification of prices of phiphonephones transaction), investigation reports (additional collection charges);

1. Application of Acts and subordinate statutes to notify the results of legal and chemical appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, Etc. (the point of trade of phiphones, the choice of imprisonment), Article 60 (1) 2, and Article 4 (1) 1, Article 2 subparagraph 3 (b) (the point of receipt of phiphones), Article 60 (1) 2, and Article 4 (1) 3 (b) (the point of receipt of phiphones), Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (the selection of imprisonment with prison labor) of the Narcotics Control Act on criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

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