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(영문) 의정부지방법원 2016.11.30 2016고단4052
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 3 shall be confiscated.

180,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 20:00 on May 4, 2016, the Defendant administered psychotropic drugs by inserting approximately 0.05g of psychotropic drugs in a single-use injection machine for psychotropic drugs at the “C hotel” located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-si, and inserting them into the Defendant’s arms blood transfusion.

2. At around 06:30 on May 5, 2016, the Defendant received and delivered psychotropic drugs by receiving approximately 0.1g of phiphones from D without compensation at the same place as the foregoing paragraph 1.

3. At around 22:00 on May 11, 2016, the Defendant administered psychotropic drugs by drinking approximately 0.05g of philophones received from the Defendant’s house located in Namyang-si, E, in a coffee.

4. Around 02:00 on May 12, 2016, the Defendant received and administered psychotropic drugs at the same place as the above 3:00 and delivered approximately 0.05g of philophones remaining after administration as above 3:00 on a coffee, and administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Data on the contents and photographs of the mobile phone;

1. Subscribers' meetings;

1. Each protocol of seizure, the list of seizure, evidence of seizure, and photograph and photographic materials;

1. Written consent to collection of urines;

1. A written confirmation of an Agylology inspection;

1. A response to an appraisal with each other (a response respectively to an investigation report);

1. Report on the preliminary test of narcotics;

1. Application of Acts and subordinate statutes to each investigation report (report on philophone market price and calculation of additional collection charges);

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] medication, simple possession, etc., and the basic area (10 to 2 years) (10 to 2 years) of the Act on the Control of Narcotics, etc. (the decision of sentence] (the decision of sentence].

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