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(영문) 서울서부지방법원 2014.04.01 2014고단247
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

Punishment of the crime

The defendant is not a person handling narcotics.

1. Around 09:00 on January 30, 2014, the Defendant administered approximately 0.05 g of psychotropic drugs, which were delivered from F without compensation from D Station or E Station No. 1 located in Songpa-gu Seoul, Songpa-gu, Seoul, in the manner of drinking in drinking water, in the form of drinking cryptian (copon; hereinafter referred to as “coponon”).

2. At around 17:00 on January 30, 2014, the Defendant administered approximately 0.05 grams, which he received from F without compensation at the same place as the above Paragraph 1, in the foregoing manner.

3. At around 22:00 on January 30, 2014, the Defendant collected one’s blood using a disposable injection device at the same place as the foregoing paragraph 1, and then injected approximately 0.05g philophones, which were received free of charge from the above F, by dilution the blood into the above blood and then injecting it again to the Defendant’s arms.

4. On February 1, 2014, at around 09:00, the Defendant administered approximately 0.05 gramphones, which were received free of charge from the above F, into a single-use injection machine, and dilution with water, at around 09:00, the Defendant administered them in one’s arms.

5. Around 17:00 on February 1, 2014, the Defendant injected approximately 0.05g philophones delivered without compensation from the said F at the same place as the foregoing paragraph 4, into a single-use injection machine, dilution with water, and administered them in a way of injection into his arms.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written replys to requests for expert evidence;

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

1. The suspension of execution is not a way to repent his mistake under Article 62(1) of the Criminal Code, and it will not be a new drug.

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