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(영문) 춘천지방법원 원주지원 2017.04.26 2016고단829
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On November 13, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Chuncheon District Court’s original state branch on November 13, 2014. On April 12, 2016, the Cheongju prison completed the execution of the sentence.

[2016 Highest 829] No person, other than a handler, shall possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, deliver, sell, arrange for sale or purchase of, or provide, a psychotropic drug.

Despite the fact that the Defendant is not a narcotics handler, at around 12:30 on September 7, 2016, in the “D Game Chapter” located in the Won-si, the Defendant administered approximately 0.2g of the meconium crympule (hereinafter “culpopon”), which is a local mental medicine that the Defendant possessed, by inserting approximately 0.2g of the meconcule, into a single-use injection machine, and administering the meconcule with the Defendant’s meconcule.

[2016 Highest 1040] No person, other than a handler, shall possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, deliver, sell, arrange for sale or purchase of, or provide, a psychotropic drug.

Despite the fact that the Defendant is not a narcotics handler, at around 21:50 on June 12, 2016, at the “D Game Chapter” located in Kuju City, the Defendant delivered approximately 0.04 g of Melopon to E, which is a local mental medicine, the Defendant possessed by the Defendant, and received a philopon by delivering approximately 0.04 g of Melopon to E, which is a local mental medicine.

Summary of Evidence

[2016 Highest 829]

1. Statement by the defendant in court;

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

1. Protocols of seizure and photographs of seized articles (2016 order 1040);

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Three-time protocol concerning the interrogation of suspects of police officers against E;

1. Details of mobile phone calls (before judgment);

1. Application of Acts and subordinate statutes to inquiries about criminal history, copies of judgments, and investigation reports (attached to the previous and written judgments, etc.);

1. Article 60 of the Act on the Management of Narcotics, etc., for which relevant criminal facts and the choice of punishment are applicable;

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