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(영문) 청주지방법원 2019.07.18 2019고단1158

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

Evidence Nos. 1 through 3 seized by the defendant shall be confiscated respectively, and 86.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Medication of phiphones;

A. At around 23:30 on May 15, 2019, the Defendant administered approximately 0.1g of the psychotropic drugs purchased from Cheongju-si Bel C, Cheongju-si, Cheongju-si, by dilutioning the mecopic 0.1g from among the psychotropic drugs (tentatively referred to as “propopic”; hereinafter referred to as “propopic mecopic”), and then administering the mecopic mecopic injection into the mecopic part of the left side.

B. At around 22:00 on May 17, 2019, the Defendant administered approximately 0.1g of philopon in the above manner at the dwelling of the Defendant in the Cheongju-si E building and the Defendant’s dwelling in the F.

C. At around 05:00 on May 18, 2019, the Defendant administered approximately 0.1g of philopon in the Heung-gu Gel in the Cheongju-si Gel by the said method.

2. On May 18, 2019, the Defendant possessed approximately 0.37 g of phiphones at the same place as indicated in paragraph 1-b, around 08:10.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each protocol of seizure and the list of seizure;

1. Photographs of seized articles and other evidential materials;

1. Application of each of the Acts and subordinate statutes in one electronic storage photograph, each investigation report, requests for appraisal, and circular documents;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant provision of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment for

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 Control of Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the defendant has purchased KRW 4.5g 1.5g Handphones (the investigation records 291 pages), and the prosecutor shall seek additional collection of KRW 1.3 million for the above 1.3 million. However, in order to impose confiscation or additional collection under Article 67 of the Narcotics Control Act, the requirements for confiscation or additional collection must be related to the criminal facts for which the prosecution was instituted, and the facts not recognized in the criminal facts cannot be sentenced to confiscation or additional collection (see Supreme Court Decision 2016Da1648,