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(영문) 수원지방법원 2016.06.28 2016고단902
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

The Defendant, who is not a person dealing with narcotics, was prohibited from trading, arranging the sale of, receiving, holding, possessing, possessing, using, managing, preparing, administering, or providing camphones (hereinafter “camphones”), which is a local mental medicine, and is not a person dealing with narcotics, but a person dealing with narcotics. However, the Defendant did not receive, administer, or provide camphones as follows.

1. Receipt of Handphones;

A. On October 2015, the Defendant received, at night, a one-time injection device, which contains approximately 0.7 gal-phones, from G singings, located at a bank at the entrance of the E market located in Seongdong-gu Seoul Metropolitan Government E market at night, from H free of charge.

B. On January 2016, 2016, the Defendant received a single-use injection device with approximately 0.4g of philopon from H at night, at night, at the same place as the preceding paragraph, and from H free of charge.

2. Medication of phiphones.

A. On March 1, 2016, the Defendant: (a) put in a single-use in the J Innova 201 located in Seongdong-gu Seoul Metropolitan Government I; (b) added approximately 0.05gopon into a single-use injection instrument; (c) injected a phiphone in a way that the Defendant injecteds the Defendant’s left part of the elbow in the bloodline inside the Defendant’s left part.

B. On March 2, 2016, around 23:30 on March 2, 2016, the Defendant administered phiphones in the same manner as that of the preceding paragraph at the toilet of the Seongdong-gu Seoul Metropolitan Building.

3. On March 3, 2016, the Defendant possessed phiphonephones by dividing approximately 0.05g of phiphones into two for a single-use injection device at the time when he/she was arrested to prosecution investigators at around 11:00 on March 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Application of the relevant Acts and subordinate statutes to the list of seizure, each protocol of seizure, and notification of the results of relevant chemical appraisal;

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 Prevention of Criminal Facts and the Selection of Punishment (Selection of Imprisonment with prison labor)

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 (the crime of the same kind shall be committed).

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