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(영문) 수원지방법원 성남지원 2019.08.14 2019고단642

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of KRW 10 million.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On May 2018, the Defendant administered a philophone in a way that the Defendant injected a disposable injection device to the Defendant’s arms, containing approximately 0.05 grams of Metropha (one philophone; hereinafter “philophone”).

Summary of Evidence

1. Protocol of the police statement concerning B;

1. Results of searching DNA identification information;

1. Investigation report (the monetary details with C other than the case);

1. Investigation report (suspected as the upper line of case C);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a narcotics appraisal report);

1. Selection of a fine, under Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. An unfavorable circumstance is that there is the same criminal records as the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

The sentence identical to the order shall be determined by comprehensively taking into account the following factors: the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, etc., which are simple medication, and whose health is not good due to the stroke, and other conditions of the punishment as shown in the records, such as