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(영문) 수원지방법원 2016.01.27 2015고단5203
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is not a handler of narcotics, was prohibited from carrying, possessing, receiving, using, transporting, managing, importing, exporting, manufacturing, preparing, administering, receiving, selling, buying, selling, or providing, or providing, a camera, which is a local mental medicine (hereinafter referred to as “culph”), but the Defendant administered a culon as follows.

1. From December 22, 2014 to around the 26th day of the same month, the Defendant, in a disposable injection machine containing a volume of 0.08ghon from D received from public toilets near the C Station located in Bupyeong-gu Incheon Metropolitan City from around December 22, 2014, divates it into his/her arms and administers it, after dilution;

2. On June 2015, the Defendant: (a) received a disposable injection device from D, which contains a volume of 0.08g oponon from D, within the G k7 passenger car driven by D drive near “F” located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) injected it into his/her arms and dilution; and (c) injected it into his/her arms;

3. On August 1, 2015, the Defendant, on the place indicated in paragraph (2) and on the vehicle, put in a disposable injection machine containing 0.08 grophones delivered by D, and injected them into their arms after dilution.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes to a response to a request for appraisal;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for the punishment of the first category [the scope of the recommended punishment], the basic area (the scope of the recommended punishment from October to 2) of the 3 types of crimes, including medication, simple possession, etc. (the scope of the recommended punishment, items (b) and (c)) of the 3 types of crimes.

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