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(영문) 대전지방법원 서산지원 2015.06.25 2015고단347
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Control of Narcotics, etc. (fence) on February 2, 2015;

A. On February 18, 2015, the Defendant purchased approximately KRW 100,000 from 18:0 to 100,000,000 to Mespopty B around the sewage treatment plant located in the Mespopic city, and then purchase approximately 0.05 g of Mespoptyes (tentative phipopon; hereinafter “Mespopon”);

B. At the time and place mentioned in the above paragraph (a), approximately 0.05 g of philophones purchased as described in the above paragraph (a) were put in a single-use injection machine, dilution with water, and administered philophones by means of injection into the bloodline of his left arms.

2. Violation of the Act on the Control of Narcotics, etc. (fence) in early March 2015;

A. On March 2015, the Defendant purchased a penphone with approximately KRW 200,00,000 from a scopon from the scopon B to the scopon B at a scopon site of the Incheon Literature-dong, Incheon, and purchased a penphone.

B. On March 2015, the Defendant put approximately 0.05g of philophones purchased at the Defendant’s house located in Sinjin-si, Sinjin-si, as described in paragraph (1) of Article 2, into water, and dilution with water, and administered philophones by means of injection into the blood part of the left arms.

3. On March 7, 2015, the Defendant violated the Act on the Control of Narcotics, etc. (flaps) around 09:00 on March 7, 2015, on the part of the above Defendant’s house containing approximately 0.05g of philophones purchased as indicated in paragraph 2, and dilution them with water, and administered philophones by means of injection into the blood banks of left arms.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Response to the request for appraisal;

1. Application of the Acts and subordinate statutes to simple reagents, examination photographs, site photographs, photographs of seized objects, and photographs of injections;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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. Matters concerning the management of narcotics in addition to collection;

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