(영문) 수원지방법원 2015.05.20 2015고단1234



A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence No. 1 shall be confiscated.

20,000 won from the defendant.


Punishment of the crime

[criminal power] On February 20, 2013, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (competence) in the Changwon District Court’s Seongbuk Branch on February 20, 2013 and completed the execution of the sentence on January 14, 2014.

【Criminal Facts】

The Defendant, who is not a person handling narcotics, did not possess, possess, receive, use, transport, control, import, export, prepare, prepare, administer, administer, administer, sell, trade, or arrange the trade of, or provide, a psychotropic drug, a psychotropic drug, (hereinafter referred to as “cathophone”), but sold and administered cathophones as follows.

1. At around 15:00 on March 7, 2015, the Defendant received and accepted 0.2 g of philophones without compensation, which were flicked in the 685 Maamam-dong and 685 Maam-dong and in the middle of the Mancheon Horse race tracks C in Myanmar.

2. Points of the administration of philophones.

A. At around 15:00 on March 18, 2015, the Defendant administered phiphonephones by means of dilution of 0.05g gramphones received from C in Young-gu, Suwon-si, Suwon-si, with the volume of 0.05g gramphones received from C as above, and administering phiphones by means of injection with the Defendant’s arms blood transfusion using a disposable injection device;

B. At around 18:00 on the same day, the Defendant injected the amount of 0.15g gramphones received from C as above in the above-mentioned D 607 room, and administered rophones by inserting them to the Defendant’s arms blood cells.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. A written appraisal;

1. Previous records before ruling: Application of criminal records, investigation reports (including attached data No. 29 times and attached data) and Acts and subordinate statutes;

1. Selection of Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, as well as the selection of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc. and Article 48 of the Criminal Act;