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(영문) 수원지방법원 안양지원 2016.12.13 2016고단1647
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On February 2 to 3, 2016, the Defendant: (a) sold a disposable injection device with psychotropic drugs from C at the 3 guest rooms located in the new-dong, Gwanak-gu, Seoul Special Metropolitan City, with a price of KRW 2.50,000,000, for psychotropic drugs from C; and (b) sold a disposable injection device with 0.35 g of opphones.

2. Medication of phiphones.

A. On July 7, 2016, at around 22:00, the Defendant inserted 0.05ghon into a single-use injection machine at E Park located in Sungnam-si, Sungnam-si, and injected phiphones into one’s own arms after dilution with biocom.

B. On September 21, 2016, the Defendant, at G Park located in Songpa-gu Seoul Metropolitan Government F on September 21, 2016, put 0.05g of phiphones into a single-use injection machine, dilution with bio-treatment, and injected phiphones into his arms.

3. On September 28, 2016, around 20:30 on September 28, 2016, the Defendant: (a) divided approximately 0.62g of phiphones around the I bus stops located in Gwanak-gu Seoul Special Metropolitan City H into two for a disposable injection machine; and (b) carried a phiphones by inserting them into one for a single injection machine.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Notification of legal and chemical appraisal reports;

1. A drilling (one copy of notification of the results of legal expert appraisal);

1. Seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (calculated A additional collection charge of a suspect);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Prevention of Specific Crimes and the Selection of Narcotics, Etc. (Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b)

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. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (=200,000 won (=100,000 won x 2 times) for the sale of phiphonephones);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by the sentencing guidelines) is due to the sale of phiphonephones.

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