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(영문) 의정부지방법원 2016.10.10 2016고단2519
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

"2016 Highest 2519" accused is not a person handling narcotics.

1. At early 01:00 to 04:00, the Defendant administered psychotropic drugs by having E take the psychotropic drug in a single-use injection machine for psychotropic drugs, by inserting the psychotropic drug in a single-use injection machine, and by dilution with bio-chip, etc. of the Defendant’s hand.

2. At around 07:00 on May 30, 2016, the Defendant administered psychotropic drugs by having F put approximately 0.1g of oponon into a single-use injection machine, dilution with bio-product, etc., and having the Defendant injection into the blood, etc. of the Defendant’s hand, etc.

"2016 Highest 3487"

3. Even if the Defendant is not a person handling narcotics, on April 12, 2016, the Defendant administered psychotropic drugs by having I in the “Hel” located in Young-gu, Chungcheongnam-gu, Cheongju-si, I put the volume of philopon into a single-use injection machine for use, dilution with bio-dilcopon into the Defendant’s hand, etc., and injecting the psychotropic drugs.

Summary of Evidence

"2016 Highest 2519"

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Each request for appraisal;

1. Records of seizure, the list of seizure, and evidence of seizure;

1. Investigation reports (Attachment of monthly trends for narcotics, etc.) 201No3487;

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Each request for appraisal;

1. Each gene appraisal report;

1. Reports on investigation (official rulings);

1. Application of Acts and subordinate statutes to investigation reports (a monthly trend of narcotics);

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., concerning facts constituting an offense, 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. The grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment], medication, simple possession, etc., and the basic area (10 to 2 years) of the Act on the Control of Narcotics (10 to 2 years) shall not be imposed.

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