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(영문) 대구지방법원 2017.02.28 2016고단5198
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Receipt of Handphones;

A. On August 2014, 2014, the Defendant received approximately 0.05g (2 multiple filters) clocks, a local mental medicine, from D, in front of the Defendant’s residence in Daegu-dong-gu C2, Daegu-gu, 2014, from approximately 0.05g (2 clocks).

B. From August 2014, the Defendant:

9. On a first-come-served basis, the Defendant received approximately 0.05g (two or three days after the date and time of entry in paragraph 1(a)) from D, in front of the Defendant’s residence, the philophones received approximately 0.05g (two-time slots) from D.

2. Medication of phiphones.

A. On August 2014, 2014, the Defendant administered philophones in the Defendant’s residence located in Daegu Dong-gu C and the second floor, and 0.03g of philophones in the scopon to a coffee.

B. From August 2014, the Defendant:

9. A philopon administered a philopon in a scopon’s residence, which is 0.03g of philopon, in a scopon to a coffee.

(c)

On March 2015, the Defendant put about approximately 0.02g of philopon into a single-use injection machine, dilution with biocom, and administered philopon by setting in arms.

(d)

On December 2, 2015, the Defendant put about approximately 0.02 g of philopon into a single-use injection machine, dilution with blopon, and administered philopon by setting it into arms.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Photographs of text messages, response to a request for appraisal, calculation of additional collection charges, and application of Acts and subordinate statutes on monthly trends in narcotics to the Supreme Prosecutors' Office;

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act 1.

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