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(영문) 의정부지방법원 2017.05.26 2017고단1686
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

20,000 won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On March 24, 2017, the Defendant purchased approximately 0.1g of the phone-phone, one-time injection device containing approximately 0.05 grams, a local mental medicine, at D’s residence located on the sixth floor of the Mansi-si Building C, Mansi-si, and one-time injection device containing approximately 0.05 grams, a local mental medicine, at D’s cash and approximately KRW 0.1g of the phone.

2. Medication of psychotropic drugs;

A. On March 24, 2017, the Defendant: (a) at the residence of the Defendant, she injected phiphones by inserting water into a single-use injection machine with approximately 0.05 grams purchased from D; and (b) dilution so that D may have D injection into the Defendant’s arms.

B. On April 9, 2017, the Defendant: (a) inserted water in a disposable injection machine containing approximately 0.05 grams in the Defendant’s residence located in Kuri-si E; and (b) injected phiphones by means of injection to the Defendant’s arms blood cells.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. Police seizure records;

1. Reports on internal investigation (including details of the commencement of internal investigation), investigation reports (cases of confirmation of blood transfusions of the suspect), investigation reports (Attachment monthly trends of narcotics) and investigation reports (calculated as additional charges);

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes on telephone details;

1. The relevant Article of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of purchase of phiphones) of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of provision of phiphones) of the Act on the Management of Narcotics, etc., and the choice of imprisonment for each sentence;

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. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. [Calculation Basis: 20,000 won = 20,000 won (i.e., retail transaction per 1g of philophone in the most adjacent area to the time when the defendant purchased philophones and the defendant purchased philophones and retail transaction per 20,000 won.

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