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(영문) 대구지방법원 2015.02.05 2014고단6185
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On September 3, 2014, around 23:00, the Defendant purchased approximately 0.05g of 10,000,000 g of lapphones (one name C), which are psychotropic drugs, from the Internet around the street in the south-gu, Daegu-gu, Daegu-gu, via the Internet (one name C).

2. On September 4, 2014, at around 01:30, the Defendant granted approximately 0.05g scopphones to D without compensation in the vicinity of the World Cup stadium located in Daegu Suwon-gu.

3. At around 19:40 on October 13, 2014, the Defendant: (a) received approximately 1.35g of a philopon, which was purchased from E from the Defendant; (b) delivered approximately 0.35g of a philopon to D; and (c) administered approximately 0.05g of a philopon in the same place by dilution with water in a single-use injection machine at the same time.

Accordingly, the defendant purchased, delivered, and administered philophones.

4. Around 19:00 on October 14, 2014, the Defendant administered a scopon’s non-scopon in the blankter near “G household” located in Busan Metropolitan City F, in a way of burning it to the coffee.

5. On October 20, 2014, around 19:00, the Defendant administered philophones in a factory in the vicinity of “G household” in a way that they drinks them to a coffee.

6. On October 22, 2014, around 19:00, the Defendant administered philophones in a factory in the vicinity of “G household” in a way that they drinks them to a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning suspect examination of D; and

1. Test results and a request for appraisal;

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

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation;

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