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(영문) 수원지방법원 평택지원 2014.11.06 2014고단1218
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

Defendant is not a narcotics handler.

1. On March 2014, at least 20:0, the Defendant purchased two injection equipment containing approximately 2g of 1 million psychotropic drugs from B, within the vehicle owned by the Defendant, which was parked on the road located in the upper-dong, Seocheon-si, Seocheon-si, Seocheon-si.

2. Medication of phiphones.

A. At around 22:00 on the same day as Paragraph 1, the Defendant injected approximately 0.03g of chophones received from the Defendant’s house located in Pyeongtaek-si, such as Paragraph 1, and injected them once by means of injection with a single-use injection device with a single-use injection device.

B. The Defendant:12:00 on the day following the date stated in paragraph 1.

In the same manner as Paragraph 1, approximately 0.03g of philophones received from a dry phone in the same manner as Paragraph 1, was dilutiond with raw water, and was administered once by means of injection with a single-use injection device into the blood transfusion using a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (calculated additionally collected amount);

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., for the Establishment of Relevant Acts and the elective Punishment for Crimes;

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. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Although the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are not minor, the defendant's liability for the sentencing is against his/her own mistake, he/she voluntarily surrenders to him/herself, there is no previous error, and the defendant does not repeat a crime, such as the circumstances favorable to the defendant, age, character and conduct, family relationship, and circumstances after the crime.

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