beta
(영문) 수원지방법원 평택지원 2017.07.05 2017고단1109

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On February 6, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Suwon Franchising Station on February 6, 2013, and completed the execution of the sentence at the racing prison on June 5, 2014.

[Criminal facts] The Defendant is not a narcotics handler

1. On January 2017, the Defendant received approximately 0.05 g of a chrophone from the 1st floor of D in Pyeongtaek-si C, which includes approximately 0.05 g of a chrophone, a local mental medicine, from E, and received a chrophone without compensation.

2. The Defendant 1 administered approximately 0.05 g philophones in a way that they injected them with a single-use injection device after dilution of 0.05g philophones at the time and place specified in the above paragraph 1.

3. On April 20, 2017, the Defendant: (a) received an injection device with a cash of KRW 200,000 in front of G L-si F; and (b) purchased philophones by delivery of approximately 0.35g philophones.

4. On April 20, 2017, the Defendant, at around 18:00, administered approximately 0.17 grams of oponon 302 of I in Pyeongtaek-si H by means of dilution with scopon 0.17g by means of injection with disposable injection equipment.

5. On April 21, 2017, the Defendant, at around 00:0, administered approximately 0.17 grams in the place described in the foregoing paragraph 4, in a way that scophophones were injected into arms using a single-use injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Copy of each protocol concerning the examination of suspects of E by the prosecution;

1. A response to a request for appraisal and a report on the calculation of an additional collection charge (including attached documents);

1. Previous records: Application of criminal records, current status of personal confinement, investigation reports (former records, attachment of judgments, and confirmation of repeated crimes) and Acts and subordinate statutes;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Aggravation of Concurrent Crimes Act.