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(영문) 춘천지방법원 2016.03.31 2016고단123
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 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. Joint crimes with C;

A. On December 15, 2013, the Defendant, together with C, injected approximately 0.05g of Melopon into a single-use injection machine, each of which is a local mental medicine (hereinafter “philopon”), and injected into the arms, around 23:00 on December 15, 2013.

B. On March 4, 2014, the Defendant, together with C, injected approximately 0.05g gopon at the places indicated in paragraph (a) of paragraph 1 at around 22:00, in the same manner as paragraph (a) of paragraph 1.

(c)

On March 5, 2014, at around 04:00, the Defendant injected approximately 0.05g of philophones in the same manner as paragraph 1(a) at the places described in paragraph 1(a).

(d)

On March 8, 2014, at around 11:00, the Defendant injected approximately 0.05g of philophones in the same manner as paragraph 1(a) at the places described in paragraph 1(a).

E. On March 8, 2014, the Defendant, together with C, injected approximately 0.05g gopon at the places indicated in paragraph (a) of paragraph 1 at around 18:00, in the same manner as paragraph (a) of paragraph 1.

F. On March 14, 2014, the Defendant, together with C, injected approximately 0.05g g opphones at the places listed in paragraph (a) of Article 1, in the same manner as paragraph (a) of Article 1, at the places listed in paragraph (a) around the new wall.

Accordingly, the Defendant conspiredd with C to administer philophones 6 times in total.

2. On May 6, 2014, the Defendant, who committed a single crime, added approximately 0.05g philopon into a single-use injection machine and dilution into the arms, around 22:00 on May 6, 2014, and 0.05g philopon into a single-use injection machine.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. C a copy of the protocol concerning the examination of suspect of the police three and four times against C;

1. Statement made by the police with regard to F;

1. Copy of the response request for appraisal;

1. Application of seizure records and list statutes;

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. under Article 60 of the Act on the Management of Narcotics, Etc. under Specific Crimes; Article 30 of the Criminal Act (a joint charge of philophone medication), Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3 of the Act on the Control of Narcotics, Etc.

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