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(영문) 서울중앙지방법원 2012.06.28 2012고단2832
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

Although the Defendant is not a person handling narcotics, but is not a person handling narcotics, the Defendant dealt with a penphone as follows, even though he is not a person handling narcotics (i.e., a single philophone; hereinafter “philophone”).

1. On December 2, 201, at around 22:00, the Defendant received philophones from Gangnam-gu Seoul, Seoul, and from C, approximately 0.05 gramphones contained in a disposable injection machine without compensation.

2. At around 22:30 on the same day as the preceding paragraph, the Defendant administered chophones by injecting approximately 0.05g of chophones received from “E” or “F” Mourel in the vicinity of the residence of Gangnam-gu Seoul Metropolitan Government D, with water, in a way of injecting them into arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. A statement on the results of appraising narcotics;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles 60 (1) 3, 4 (1), and 2 subparagraph 4 (b) of the Act on the Control of Narcotics, Etc., for which the pertinent Article of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment for a prison labor

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

1. Suspension of execution under Article 62 (1) of the Criminal Act;

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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