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(영문) 대전지방법원 2014.06.02 2014고단1368
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On April 2012, the Defendant received approximately 0.5 g of psychotropic drugs from E, a Chinese person, who became aware of in the course of trade relations, from the D office of Defendant’s operation in the Haak-gun, Chungcheongnam-gun, Chungcheongnam-do. (hereinafter “Wilphone”).

2. At around 20:00 on the same day, the Defendant: (a) displayed two water disease as soon as possible with the above E at the above office; (b) sealed about 0.2 g of philopon at the end of one end of the string; and (c) injected each by heating 0.2 g of philopon in the gambling place as soon as possible at the other side; and (d) inhaled the smoke of philopon generated in the water disease as soon as possible.

3. At around 22:00 on the same day, the Defendant administered approximately 0.3g of philophones remaining after being administered together with E and E in paragraph 2, respectively, in the same manner as Paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of police seizure;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant legal provisions and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act (the receipt and delivery of phiphonephones and the provision of medication, and the selection of fines) of the same Act concerning the crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The proviso to Article 67 of the Narcotics Control Act;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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