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(영문) 대전지방법원 논산지원 2017.05.23 2017고단175
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

672,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 1, 2015, the Defendant received approximately 0.35 grams from C, which is a local mental medicine, at around 15:00, in the middle-gu Daejeon-gu Daejeon, Daejeon-gu, Daejeon-gu, for a free, delivery of approximately 0.35 grams of the Megaphone (hereinafter “Megaphone”).

2. On September 24, 2015, the Defendant granted approximately KRW 0.25g of 0.35g philopon, delivered at the front path of the E Hospital located in Seo-gu Daejeon, Daejeon, for approximately 19:00, as described in paragraph 1, to F without compensation.

3. On September 25, 2015, the Defendant: (a) injected approximately 0.1g of philophones delivered from 2 Bara in Seo-gu Daejeon, Seo-gu, Daejeon, by inserting approximately 0.1g in a disposable injection machine; and (b) injected them into his left top, with the dilution of aquatic water as soon as possible; and (c) injected them.

4. On November 29, 2016, the Defendant: (a) decided to purchase phiphones to the above C; (b) transferred cash of KRW 322,000 in the name of C to the new bank account in the name of C in a place not known at around November 16:27, 201; and (c) purchased approximately 0.2g of phiphones from C in the vicinity of Daejeon Daejeon-gu, Daejeon-gu, Daejeon-gu.

5. On November 30, 2016, the Defendant boarded H 5 car parked at the place as indicated in paragraph 4 around November 30, 2016, and then injected approximately 0.2 gramopon, purchased as described in paragraph 4, into a disposable injection machine, and dilution of the number of aquatic animals as soon as possible, and then injection them into one’s left arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A narcotics appraisal report and an additional response to a request for appraisal;

1. I (Account Number) and letters of entry and withdrawal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated additionally for a suspect);

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. for the Prevention of Criminal Facts and the Selection of Punishment (the receipt of Handphones, the medication, the point of transaction, and the selection of 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. Collection;

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