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(영문) 광주지방법원 2019.01.08 2018고단4410

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., a single philopon; hereinafter “philopon”), as follows:

1. Receipt of Handphones;

A. On October 2018, the Defendant received approximately 0.05 Handphones contained in D in D’s one-time injection machine from the front street located in Suwon-gu B, Busan.

B. On October 2018, 2018, the Defendant received philophones from D, which contained approximately 0.05g of philophones in D in the front of the case of a single-use injection vehicle located in Suwon-gu, Busan.

C. On November 2, 2018, the Defendant received from D approximately 0.05 g of philophones contained in D in a single-use injection machine, from around November 2, 2018.

2. Medication of phiphones.

A. On October 2018, the Defendant administered philophones by dilution 0.05g of philophones contained in a single-use injection machine from F located in Suwon-gu, Busan, with deep water and injection into the bloodline for arms.

B. On October 2018, the Defendant administered philophones in the same manner as above at a place like paragraph A, in which the Defendant administered philophones.

C. On November 2, 2018, the Defendant administered philophones in the same manner as above at the same place as paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Seizure records;

1. Investigation report (market price and calculation of additional collection charges);

1. Responses with the results of appraisal;

1. The application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that acknowledges the crime of this case and reflects the mistake, and that the crime of the same type

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;