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(영문) 수원지방법원 2017.02.02 2016고단6051
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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. On December 6, 2015, the Defendant, in collusion with D, purchased approximately KRW 0.4g of 200,000,000, in collusion with D, from the street near the F shooting distance, in the south-gu Incheon Metropolitan City E, about a single-time injection device from G to the local mental medicine medicine, which is a single-time injection device (hereinafter “one-time philopon”; hereinafter “philopon”).

2. On December 6, 2015, the Defendant, along with D, decided to administer philophones purchased as referred to in the preceding paragraph in his/her own fluorial vehicle parked in H Park located in the Nam-gu Incheon Metropolitan City, with D, and administered philophones by means of melting 0.05g philophones into the bluorum body using a disposable injection machine after dilutioning 0.05g philophones into the bluor.

3. On February 6, 2016, between around 23:00 to 24:00, the Defendant purchased approximately 0.9g gramphones, which were contained in one disposable injection device from G, in the vicinity of the residence of G located in Nam-gu Incheon Metropolitan City, in the amount of KRW 300,000.

4. On February 7, 2016, at around 02:00 to 03:00, the Defendant administered phiphonephones by means of dilution of 0.05g philophones on one-time vehicles parked in the H Park, with a single-use injection device for injection.

5. On October 3, 2016, around 21:00 to 22:00, the Defendant administered phiphonephones by means of dilution of 0.05g philophones on his own vehicle parked in the H Park parking lot in the above H Park, and then injection them into the blood cells using a disposable injection device.

6. On October 4, 2016, at around 20:57, the Defendant possessed approximately 0.2g of phiphonephonephones at his own house of Nam-gu Incheon Metropolitan City J apartment A, 306.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Copy of the statement made by the prosecution concerning G;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. for Criminal Facts and the Selection of Punishment (Article 30 of the Criminal Act in the case of crimes Nos. 1 and 2)

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