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(영문) 춘천지방법원 2017.10.30 2017고단389
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On May 25, 2016, the Defendant was sentenced to imprisonment for 8 months and a fine of 2 million won in violation of the Creation and Management of Forest Resources Act at the Seoul High Court on May 25, 2016, and completed the execution of the sentence on August 14, 2016.

Defendant is not a narcotics handler.

1. Purchasing a machinelopon (one philopon; hereinafter referred to as “philopon”) of a psychotropic medicine;

A. On January 26, 2017, at around 01:00, the Defendant purchased a disposable injection device from F to KRW 200,000,00, for a single philopon, from E nearby E on the street in the city of Won.

B. On March 1, 2017, the Defendant purchased KRW 100,00,00 for a disposable divers from F, one of the disposable divers in the H’s neighboring street located in G in nuclear power around the early 19:00.

Accordingly, even if the defendant is not a narcotics handler, he purchased philophones twice.

2. Medication of phiphones.

A. On March 2017, 2017, the Defendant: (a) placed approximately 0.1g of the philophones purchased as set forth in Section 1-B, into a single-use injection machine; and (b) injected into the Defendant’s left part of the Defendant’s body.

B. On March 2017, the Defendant: (a) put about about 0.1g of the philophones purchased as set forth in paragraph (b) into the male toilet in the Shacker room in the J Hospital 10 p.m. Won-si, Won-si; (b) added approximately 0.1g of the philophones purchased as set forth in paragraph (b); and (c) injected into the Defendant’s left part.

Accordingly, even if the defendant is not a narcotics handler, he administered philophones twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Copy of each protocol concerning the examination of suspect with respect to F;

1. A person under investigation, F currency details of the person under investigation, response to data for confirmation of the fact of communications, replys to data about the fact of communications, seizure, list of seizure, investigation report (in the situation at the time of arrest of the suspect), investigation report (calculated as a surcharge), prosecution report (one copy of an appraisal report on fluoral narcotics), and delivery report (a copy of an appraisal report on f

1. Previouss before ruling: A reply to inquiries, such as criminal history, the results of search by prisoners, and investigation reports (the last one);

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