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(영문) 대전지방법원 홍성지원 2014.07.09 2014고단269
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

30,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[2014 Highest 269] The defendant is not a person handling narcotics.

1. On April 10, 2014, at around 13:30, the Defendant received approximately 0.06g of Masphere (hereinafter “Wilphone”) from C on the street near the Masphere, Seo-gu, Daegu, Seo-gu, Seoul (hereinafter “Maspon”).

2. On April 10, 2014, the Defendant issued approximately 0.03g of the philophonephones received from the E’s house located in Changwon-si, Changwon-si, 101 Dong 908, as set forth in paragraph (1), to E without compensation.

3. At around 18:30 on the same day as Paragraph 2, the Defendant injected approximately 0.03g of phiphonephones received from the house toilets of the E, as described in Paragraph 1, by dilutioning them into water, and then injecting them into his arms.

4. On April 20, 2014, around 22:00, the Defendant accepted, without compensation, approximately 0.03g of philopon, which C concealed in order for the Defendant to take the Defendant at the top of the Daegu Bank, Daegu-ro 126, Daegu-ro. 126.

5. At around 00:30 on April 21, 2014, the Defendant administered approximately 0.03 g of philopon, which was received in accordance with the circumstances described in paragraph 4, at the Defendant’s residence located in Changwon-si F, Changwon-si, in the manner of dilutioning drinking water into drinking water.

[2014 Highest 352]

1. On April 2013, 2013, the Defendant received approximately 0.2g of philopon 0.2g from I on a paper at a rest area of the first floor of H Hospital G in Daegu-gu, Daegu-gu.

2. On May 2013, the Defendant injected approximately 0.05 g of philophones into the Dongcheon-gu, Daegu-gu, by means of dilution with water at the dives near the Dongcheon-gu, Daegu-gu.

Summary of Evidence

[Judgment of 2014 Highest 269]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Statement of seizure by each police;

1. Written expert report (each fact described in the judgment of the court below in subparagraph 2 of Article 2014 and Article 352);

1. Defendant's legal statement;

1. Application of each police protocol of statement to I;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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