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(영문) 서울북부지방법원 2017.08.23 2017고단2079
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

A person who is not a narcotics handler shall not receive or administer Mept caphographs (one philophone, hereinafter referred to as "philophones"), which are a local mental medicine, and the defendant shall not be a narcotics handler.

1. On March 1, 2016, the Defendant: (a) received philophones from C with water contained in a single-use injection machine, from around 22:00, the Defendant administered philophones by means of injection with the Defendant’s arms blood transfusion, i.e., administering philophones by taking delivery of philophones, which was 0.03g from C.

2. On April 29, 2016, at around 17:00, the Defendant received philophones, which contained in D Apartment 16-dong 1405, from C, from around 16-dong 1405, and received philophones from C without compensation, and administered philophones by means of dilution it with water to the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Written response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

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 on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be determined by the order, taking into consideration the fact that the defendant has no record of being punished for the same kind of crime, the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc.;

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