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(영문) 대전지방법원 홍성지원 2015.08.21 2015고단427
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

The defendant is not a person handling narcotics.

1. On July 2014, the Defendant received approximately 0.1g of the Mepted Mepters (tentatively referred to as “Handphone”; hereinafter referred to as “Handphone”) from E at E’s house located under subparagraph 103 of the Hongsung-gun, Hongsung-gun, Hongsung-gun, 103.

2. The Defendant administered approximately 0.1g of philophones delivered from E at the time and place described in paragraph 1, by inserting them into a injection machine and dilution them with water.

3. On December 12, 2014, the Defendant received approximately 0.2 g of philopon from G real estate in the Hong-gun F, Chungcheongnam-gun, Hong-gun, the Defendant received a delivery, free of charge, of approximately 0.2 g of philopon from E.

4. The Defendant administered approximately 0.2 g of philophones delivered from E at the time and place described in paragraph 3 by dilution with water and injecting them into arms.

5. At around 18:00 on February 2, 2015, the Defendant received approximately 0.2g of philopon from the G real estate E without compensation.

6. The Defendant administered approximately 0.2 g of philophones delivered from E at the time and place described in paragraph 5 by dilution with water and injecting them into arms.

7. On February 7, 2015, from around 10:00 to 11:00, the Defendant provided J with approximately 0.03 g of philopon in front of the IE in the vicinity of the H apartment of Chungcheong Hong-gun, Chungcheongnam-gun, with approximately 0.03g of philopon free of charge.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Each request for appraisal;

1. Court rulings;

1. Application of Acts and subordinate statutes to investigation reports (absing out documents, etc.);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the point of receiving each psychotropic drug, the point of administering each psychotropic drug, and the point of providing each psychotropic drug) and choice of imprisonment for each crime;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Control of Narcotics, etc. due to the provision of the heavy psychotropic substances, shall be set forth in the said Act;

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