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(영문) 대구지방법원 서부지원 2016.05.26 2016고단421
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Despite that a person who is not a handler of narcotics, etc. is not a medication of Mesophopopa (one philoopopopon; hereinafter referred to as “phiopon”) which is a local mental medicine;

1. On October 19, 2013, around 20:30, the Defendant administered phiphones by inserting approximately 0.05 grams in the Defendant’s BMW car parked on a road near the IC, Seoul Special Metropolitan City-gu, with a single-use injection instrument containing approximately 0.05 gramphones in the single-use injection instrument, melting the water into the Defendant’s arms bloodline, and making the Defendant injection into the Defendant’s arms.

2. On October 29, 2013, at around 13:40, the Defendant administered phiphones by inserting approximately 0.05 grams in a single-use injection machine into the E Park parking lot located in the Dong-gu Incheon Metropolitan City, and in a way that the Defendant injected the phiphones to the Defendant’s arms blood cells after inserting about 0.05 grams into the single-use injection machine and dilution into the water.

3. On November 25, 2013, at around 22:00, the Defendant administered phiphonephones by inserting approximately 0.05 grams in a single-use injection machine and melting the water into the Defendant’s arms blood transfusion, which was parked in the H Park parking lot located in Jung-gu Incheon Metropolitan City, Jung-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to I of the police statement protocol;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., confession and reflects in depth, and absence of any record of punishment heavier than the same criminal record and fine);

1. Protection and observation and orders to provide community service or attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

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