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(영문) 수원지방법원 안산지원 2019.06.05 2018고단4288

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

Since the Defendant is not a person handling narcotics, he/she shall not handle psychotropic drugs, such as a psychotropic drug, Meblopon (hereinafter referred to as “dibopon”).

Nevertheless, at around 21:30 on June 1, 2018, the Defendant administered philophones by inserting approximately 0.03g of philophones received from C in a single-use injection machine and dilution them with water in his arms at the dwelling of Changwon-si B, and C in the second floor.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to report investigations related to collection;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Sub-paragraph (Special Number of Punishments) Reductions: Important investigation cooperation [The area of recommendation and the scope of recommendation] Reductions, six months to one year and six months of imprisonment.

3. According to the decisions of sentence, the sentencing conditions stated in the records, such as the following circumstances and the defendant's age, environment, motive, means and consequence of the commission of the crime, shall be determined as ordered in consideration of the circumstances after the commission of the crime.

The circumstances at a disadvantage: A favorable condition that leads to the crime of this case immediately after the expiration of the period of probation of imprisonment due to the same crime: A simple medication, and a significant cooperation in investigation.