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(영문) 수원지방법원 2015.11.04 2015고단3194
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 14, 2011, the Defendant was sentenced to four years in the Cheongju District Court for the violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on April 1, 2014.

The Defendant, who is not a person handling narcotics, did not possess, possess, use, transport, management, import, export, manufacture, prepare, administer, administer, sell, trade, or arrange the trade of, or provide, a psychotropic drug campphones (hereinafter “camphones”), but received and administered the camphones as follows.

1. On March 2015, the Defendant received philophones from D without compensation and received 0.03g philophones from D at D’s residence located in Ma-si, Ma-si, Ma-si, Ma-si.

2. Points of the administration of philophones.

A. At around 03:00 on March 23, 2015, the Defendant administered phiphones by having D inculpon 0.04g ghon culphon into the Defendant’s left-hand body using a disposable injection device after dilution the volume of 0.04g gon culpon from the public toilets of the F convenience store building in Ma, Ma Government-si.

B. On July 4, 2015, the Defendant: (a) included the volume of 0.03g gramphones received from D in front of the H convenience store located in Gu of the Government of the Republic of Korea, as described in the foregoing paragraph 1, into the raw water; (b) dilution, and administered Maiusphones.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including DNA statements);

1. Copy of the protocol concerning suspect examination of D; and

1. The maternity appraisal report, the gene genes appraisal report, and the corrected report of the National Institute of Scientific Investigation;

1. A report on investigation (calculated additional charges);

1. Previous records: Application of criminal records, inquiry reports, investigation reports (applicable to the judgment of the same kind of power and the current status of taking custody of individuals);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. as to the facts constituting an offense under the relevant Act;

1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes:

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