beta
(영문) 수원지방법원 평택지원 2015.09.24 2015고단878

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On March 1, 2015, the Defendant purchased KRW 100,000 to C and approximately 0.1g of clophones contained in the disposable injection machine around the first half of 2015, and around April 20, 2015, the Defendant purchased KRW 100,000 to C and approximately 0.1g of clophones contained in the disposable injection machine.

2. At around 19:30 on March 2015, the Defendant administered 0.1g of philophonephones purchased from C in the studio as described in paragraph (1), putting them into a single-use injection machine, melting them with water, and administering them into the following arms. At around 20:30 on Apr. 20, 2015, at the studio listed in paragraph (1), approximately 0.1g of philophones purchased from C, such as paragraph (1), melting them into a single-use injection machine, melting them with water, and administering them into the following arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect C; and

1. Application of Acts and subordinate statutes to the prosecution and transmission statement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (which means purchase and medication) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

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. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

1. Additional collection for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc.: Type 1 (Scope of Recommendation) : Trading, arranging, etc. for the sale and purchase of, and taking over from, the special mitigation area ( April to one year and six months), [the scope of Recommendation] 3 (6-1 year and one year and six months), the mitigation area (6-1 year and one year), the mitigation area (6-1 year and six months), the mitigation area (6-2 years [the decision of the sentence] 6-2 years [the defendant] 3-2 years and 3 months (the decision of the sentence]. The defendant committed the crime in this case.