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(영문) 수원지방법원 성남지원 2016.11.30 2016고단3085
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 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 February 12, 2016, at around 15:00, the Defendant issued an order to a person whose name is unknown by accessing the Internet using a computer located in Dobong-gu Seoul Metropolitan Government B, B, 202, to a psychotropic drug user (i.e., a psychotropic drug user (i., a diaphone; hereinafter referred to as “prophone”), and then put it into a psychotropic drug user, i.e., a psychotropic drug user (i., a diaphone).

Then, around 20:00 on February 12, 2016, the Defendant received approximately 0.09g of philopon contained in a disposable injection machine in which a person whose name is not known in the above burg box is posted.

Accordingly, the Defendant purchased psychotropic drugs.

2. Medication of psychotropic drugs;

A. On February 13, 2016, at around 22:00, the Defendant injected approximately 0.03 ghopphones from the Defendant’s house located in the Defendant’s office located in the Seoul Special Metropolitan City, Nowon-gu Office, Seoul, into his arms.

B. On February 15, 2016, around 03:00 on February 15, 2016, the Defendant injected approximately 0.03g of philopon from the Defendant’s house located at the Defendant’s office located at the Seoul Nowon-gu Seoul Special Metropolitan City office, with a single-use injection device.

C. Around 01:00 on February 17, 2016, the Defendant injected approximately 0.03gh from the toilets of Dobong-gu Seoul, Dobong-gu and 202 with tap water, and injected them into his/her arms as a disposable injection machine.

Accordingly, the Defendant administered psychotropic drugs three times.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Written appraisal of narcotics;

1. An investigation report (related to the time of delivery via postal services);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

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 with prison labor;

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 of the Criminal Act on Probation and Order to Attend Courses;

1. The Act on the Control of Narcotics, etc.;

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