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(영문) 의정부지방법원 고양지원 2020.05.28 2019고단494 (1)

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

1.8 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On January 2019, the Defendant purchased a penphone with approximately 10g of 10,000,000 won, which was contained in the transparent vinyl paper, from around 20:00, the Defendant purchased a penphone with approximately 10,000 g of clickphones (one clickphone; hereinafter “clickphone”).

2. Crimes of giving or receiving each penphone;

A. On January 21, 2019, at around 21:00, the Defendant: (a) placed approximately 0.1g of philophones purchased from the Seo-gu Incheon Emanion F, Seo-gu, Incheon, in a single-use injection machine; and (b) accepted flograms from G free of charge.

B. At the same time, at the same place, the Defendant received 0.1g philophones from H in the same manner.

3. The Defendant, at the time and place specified in paragraph 2, injected approximately 0.1g of philophones purchased as stated in paragraph 1, into a single-use injection machine, dilution with water, and administered philophones by means of injecting them into his arms.

Summary of Evidence

1. Copy of each protocol of examination of the suspect against the defendant, G, and H by the prosecution;

1. Copy of the statement made to I by the police;

1. A report on investigation (a copy of an additional collection charge);

1. Copies of each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a copy of each request for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

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

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection (referring to the amount equivalent to the purchase price of penphones);

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Violation of the Act on the Control of Narcotics, etc.) (Article 1 of the Act on the Control of Narcotics, etc.) (Article 1 of the Act on the Control of Narcotics, etc.) (Article 1 of the Act on the Control of Narcotics).

Items c) and c.

No person [special person] [the area of recommendation and the scope of recommendation] basic area, one year to two years of imprisonment

(b) crimes of paragraphs 2 and 3;