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(영문) 인천지방법원 2016.04.28 2016고단1044
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 person dealing with narcotics, is not a person dealing with narcotics, but does not deal with clophophones (one philophone, hereinafter referred to as philophones), but received, administered, or traded philophones as follows.

1. Around June 2015, the Defendant received philophones in the restaurant “C” in the operation of the Defendant located in Yangcheon-gu Seoul Metropolitan Government, using a single-use injection device containing approximately 0.07 gramphones from D free of charge.

2. On July 2015, at the same place as paragraph 1, the Defendant received philophones in a way that he receives a single injection device containing approximately 0.07 gramphones from D without compensation.

3. On August 2015, the Defendant: (a) taken a single-use injection device containing approximately 0.07 gramphones from D free of charge; (b) melting phiphones into water; (c) injected into the Defendant’s arms; and (d) received and administered phiphones upon injection into the Defendant’s arms.

4. On September 1, 2015, the Defendant: (a) taken a single-use injection device containing approximately 0.07 grams from D without compensation at a place identical to paragraph (1) of this Article; (b) melting philophones into water; (c) injected into the Defendant’s arms and received and administered philophones; and (d) taken them into the Defendant’s arms.

5. On September 8, 2015, the Defendant: (a) at the same place as No. 09:40 on September 8, 2015, at around 09:40, the Defendant sent KRW 60,000 to the Agricultural Cooperative Account (E) in the name of D, the Defendant received a request from the Defendant to use a text message, which contains approximately 0.07gg of the opopon.

After 19:00 on the same day, the Defendant injected the instant penphone into the Defendant’s arms at around 19:00.

Accordingly, the Defendant traded philophones and administered them.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Investigation report (suspect A maternity State and the result of appraisal) and reply to a request for appraisal;

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