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(영문) 대구지방법원 서부지원 2017.05.18 2016고단2824
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is not a narcotics handler, but a person who is not a narcotics handler, shall not receive or administer a mersphographer (one philopon; hereinafter referred to as "philopon") which is a local mental medicine.

1. On October 2, 2016, at around 01:00, the Defendant administered a philophone in a way of injecting DNA 405 in Gwanak-gu in Seoul Special Metropolitan City, and in a way of injecting a single philophone into the Defendant’s arms blood transfusion, which contains dilution with diveopopic volume.

2. On October 6, 2016, the Defendant: (a) received philophones from the mutual influencing telephones located in the lower-dong of the Gyeonggi-do (hereinafter “Seoul”); (b) one philophones containing two 0.1g of the philophones from E, and received them.

3. On October 7, 2016, from around 02:00 to 03:00 of the same day, the Defendant received a single-use injection device from G, which contains 0.1g of philophones received from E, such as the statement in paragraph (2), from the dwelling place of G in Seoul Special Metropolitan City F and B03, from the same day.

4. The Defendant, as described in paragraph 3, contained in the date, time, place, and as described in paragraph 2, in a disposable injection machine containing 0.1g of philophones received from E, dilution, and administered philophones by inserting half of them into coffees.

5. On October 11, 2016, at the Defendant’s residence in Daegu-gun apartment and the Defendant’s dwelling in 106 Dong 1001, the Defendant administered a disposable injection device containing a philophone, which was administered as described in paragraph (4), in a way that the Defendant injected the philophone into the Defendant’s arms blood line.

Summary of Evidence

1. Statement by the defendant in court;

1. A written protocol concerning the examination of the prosecution and the police against the accused;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement of the police statement related to G;

1. Written confirmation of an ACC test, a report on the results of the Preliminary Test for narcotics, a response to a request for appraisal, a response to a request for appraisal, and the application of Acts and subordinate statutes of each report on investigation;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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