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(영문) 광주지방법원 순천지원 2018.12.14 2018고단1963
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Defendant is not a narcotics handler.

1. Purchasing philophones;

A. On December 30, 2017, the Defendant was known to C in light-si around 17:30 on December 30, 2017.

D Purchasing 2.50,000 won for non-fluort clocks (hereinafter referred to as "clophones") contained in plastic bags as part of high-speed bus clocks containing Busan and Bluoric luoric fluoric fluor, and purchased them.

B. On January 7, 2018, at the same place as at around 17:30 on January 7, 2018, the Defendant purchased a large amount of philopon from the foregoing D in the same manner as above and purchased it at KRW 2.50,000.

Accordingly, the Defendant, who is a local mental medicine, sold philophones twice.

2. On January 14, 2018, the Defendant administered philophones in a way of injectingyang-si, E Apartment 202 dong 2015, in the Defendant’s residence, which had been purchased from the above D, in a single-use injection instrument, dilution with water, and injection with the left left part of the philophones.

Accordingly, the Defendant administered philophones, which are a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made by the prosecution with regard to D;

1. A protocol of seizure and a list of seizure;

1. A report on the results of analysis of digital evidence;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (report on the calculation of an additional collection charge);

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, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant purchased philophones more than twice and caused the risk of distributing philophones.

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