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(영문) 수원지방법원 안양지원 2016.02.02 2015고단1773

마약류관리에관한법률위반(향정)등

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

Defendant is not a narcotics handler.

1. On November 30, 2014, the Defendant: (a) administered philophones on nine occasions from the time to May 2015, 2015, including the administration of philophones by inserting approximately 0.1g of Mepta (one philophone; hereinafter “philophones”) into a injection machine and dilutioning with raw water; and (b) administering philophones into arms.

2. During the period from March to April 2015, the Defendant violated the Narcotics Control Act (marijuana) smoked in Gangnam-gu Seoul, Gangnam-gu and 202 studio containing the amount of smoking once in pipes, with a hole attached to the pipe, with a hole attached to the plastic bottle containing water, thereby spreading a smoke coming through the water.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (ADNA comparison results), investigation report (Attachment of a photograph of a smoking tool for marijuana), investigation report (the result of an investigation conducted by the A reproduction test);

1. Each appraisal statement (6,7) and response to inquiries (10) a net response, DNA comparison results (12) a net response, and narcotics appraisal statement (19) a net response;

1. Application of Acts and subordinate statutes to a statement of currency (9) at least once;

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, 2 subparagraph 3 (b) (the points of philophone medication) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (the points of malophone medication) of the Act on the Control of Narcotics, etc., and choice of imprisonment for each sentence;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act;

1. The defendant's reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the basis for calculation of the amount of the additional collection: KRW 100,000 for the market price of the one-time medication of phiphonephones x KRW 550,00 for the market price of the one-time medication of marijuana x KRW 950,000) of