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(영문) 서울동부지방법원 2016.03.09 2015고단3796
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 12, 2015, the Defendant purchased and sold Metepopa (one philophone, hereinafter referred to as “philopa”), a drug of a psychotropic spirit, from C’s house located in Gangdong-gu Seoul Metropolitan Government B and 1 floor, at KRW 500,000,000 in cash to C, and received approximately 0.15 g of philopa, which is divided into three for a disposable injection.

Accordingly, the defendant purchased philophones.

2. Medication of phiphones.

A. On May 2015, the Defendant: (a) around 22:00, the E restaurant located in Gangdong-gu Seoul Metropolitan Government D, and (b) the Defendant was in possession of at least 2:00, a free of charge from the former C.

1 Corresponding one-time medication amount ( approximately 0.05 g) of philophones contained in a disposable injection machine into water, and injection was made into one’s arms bloodline.

B. At the time and place as referred to in paragraph 1, the Defendant, together with C, injected water into each of their own arms in a disposable injection machine containing approximately 0.05 g of each philopon into water, and then injected to each of their own arms.

(c)

On September 13, 2015, the Defendant, at the home of the Defendant located in Gangdong-gu Seoul Metropolitan Government F around the new wall, dumped the amount of a philopon administered once ( approximately 0.05g) into water contained in the disposable injection machine, and injected into his arms in his arms.

(d)

The Defendant is above C around September 13, 2015.

At the places described in paragraph (1), after dilution the quantity of a disposable-phone medication contained in the disposable injection machine (as approximately 0.05g) with water, injection was made into his arms and divers.

Accordingly, the Defendant administered philophones more than four times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police in relation to G;

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

1. Each report on investigation;

1. Application of Acts and subordinate statutes to written consent to recovery of urine hair, written consent to inspection of simple reagents, each request for appraisal, and each narcotics appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts (to be punished by imprisonment with prison labor);

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. Suspension of execution;

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