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(영문) 대전지방법원 서산지원 2015.11.30 2015고단856
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On July 1, 2015, the Defendant received Handphones from the E Hospital parking lot located in Jin-si, Jin-si, on July 1, 2015, approximately 0.1g of psychotropic drugs, which are contained in a single-use injection device, from friendly F, in the E Hospital parking lot located in D, Jin-si, Jin-si, and received Handphones by taking them over 0.1g of Handphones without compensation.

2. On July 3, 2015, at around 17:00 on July 3, 2015, the Defendant administered phiphones by inserting approximately 0.05g of phiphones, which were dryed from F, into a single-use injection machine and dilution them into the connection and tubes of the string residence where the Defendant was faced.

3. On July 7, 2015, around July 23, 2015, the Defendant administered phiphones by inserting approximately 0.05g of phiphones from the male toilet at the 1st floor of the above E Hospital, as seen above, into a single-use injection instrument and dilution them into the connection tubes of theing resident where the Defendant was faced.

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of narcotics;

1. Report on investigation (calculated additionally), and application of Acts and subordinate statutes concerning the monthly trend of narcotics;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of receipt and delivery of, and medication in, philopon) of the Act on the Management of Narcotics, Etc. for the Fact-finding, and the choice of imprisonment, respectively;

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 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment [the scope of recommendation] medication, simple possession, etc.

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