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(영문) 의정부지방법원 2017.10.18 2017고단3678
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clocks (one philopopon; hereinafter referred to as “philopon”).

On October 2016, the Defendant 22:00 amongststst 22:0, Qel room in Qel P, E, in the same manner as E and R, injected into a single-use injection machine, dilution with water, and then made E injection into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against R and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. The portion not guilty in light of the fact that the crime was committed during the period of suspension of execution due to the same kind of crime as the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment

1. Summary of this part of the facts charged

A. On December 25, 2016, at around 04:00, the Defendant, at the Defendant’s residence located in 407-dong 604, G apartment 407-dong 604, put the non-opopopopopopopopopopopopopopopopopopopopopopopopopopopic into a single-use injection instrument for use by water, dilution made G injection into the Defendant’s arms.

B. Around 00:00 on January 14, 2017, the Defendant: (a) put the non-opopon volume of philophones in a single-use injection machine; (b) dilution them with water; and (c) divating them into the Defendant’s arms blood transfusion in a single-use injection terminal around Seocho-dong Seoul Metropolitan Government Seocho-gu Seocho-gu, Seocho-gu, Seoul; and (b) divating them with water; and (d) divating them into the Defendant’s arms blood transfusion.

2. The confession of the defendant cannot be admitted as evidence of guilt in a case where the confession of the defendant is an unfavorable evidence against the defendant (see Article 310 of the Criminal Procedure Act). The evidence duly adopted and examined by this court.

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