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(영문) 청주지방법원 2013.03.27 2013고단382
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

1. Medication of psychotropic drugs;

A. On December 21, 2012, the Defendant administered crophones by using approximately 0.06 grams of psychotropic drugs, which are psychotropic drugs contaminated with water from D, as one-time injection for the Defendant’s arms, around the first half of December 2012, 200, pursuant to Article 305 of the Cheongju-gu Cheongju-si C building 305.

B. On December 2012, 2012, the Defendant administered approximately 0.06 gramphonephones by the said method in the above C Building 305 around 02:00 (the following day of the above paragraph (a)) even though the Defendant is not a person handling narcotics.

C. On January 29, 2013, the Defendant administered approximately 0.06 gramphonephones according to the aforementioned method under subparagraph 304 of the building E in Chungcheong-gun, Chungcheong-gun, Chungcheongnam-do around 21:00.

At around 02:00 on January 30, 2013, the Defendant administered approximately 0.06 gramphones by the aforementioned method under the above E building 304, even though he is not a person handling narcotics.

2. Around February 4, 2013, the Defendant kept approximately 0.08g of oponphones in the front of the E building No. 304, the Defendant’s residence, even though he is not a person handling narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Each photograph;

1. Requests for each appraisal;

1. Application of investigation reports (report accompanied by a list of price lists for narcotics, etc.), and statutes on cancer transactions for narcotics;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. The sentencing reasons under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. are the confessions of and reflects on the crimes, the accused has no criminal records for the same kind of crime, and the age, character and conduct, environment, and crimes of the accused.

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