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(영문) 인천지방법원 2019.07.19 2019고단3452

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On March 14, 2018, the Defendant administered propool on a total of 39 occasions from around 2019 to March 13, 2019, in order to receive propool medication, not for surgery or treatment, by a doctor who may know of the circumstances, in order to have the propool administered, not for the purpose of treatment, in order to have the propool administered.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written appraisal of narcotics;

1. Data on internal investigation reports, replies to requests for cooperation with an investigation, internal investigation reports (verification of details of medical examination and treatment), requests for cooperation with an investigation (verification of details of medical examination and treatment), medical records within C, criminal investigation reports (verification of details of medical examination and treatment), requests for cooperation with an investigation (verification of details of medical examination and treatment), E and medical records, replys to medical care benefits related to search and seizure verification warrants, health insurance replys to the Health Insurance Corporation, replys to the request for cooperation with an investigation, health insurance replys to the Health Insurance Review and Assessment Service data, responses to the investigation report, data on the integrated narcotics management system, data on the integrated

1. Application of Acts and subordinate statutes to investigation reports (verification of propool shipment price), investigation reports (calculated based on propool ex-factory price);

1. Article 61 (1) 5, Article 4 (1) 1, and subparagraph 3 (d) of Article 2 of the Act on the Management of Narcotics, Etc. for Criminal Facts and Selection of Imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (513ml/20ml x 4,671 won = 119,811 won);

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order have no record of punishment prior to the Defendant, and the same crime is again committed.