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(영문) 수원지방법원 평택지원 2018.08.10 2018고단513

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[criminal history] On April 6, 2017, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act in the Suwon District Court’s Eunpyeong District Court’s Housing Site Board, and completed the execution of the sentence on January 22, 2018.

[Criminal facts] The Defendant is not a narcotics handler

1. On March 27, 2018, the Defendant accepted approximately 0.1g of philopon, which is a philopon, from F, in the E-wing vehicle parked in the vicinity of D elementary school located in Pyeongtaek-si C, around 23:00, and received from F without compensation.

2. On March 28, 2018, the Defendant administered philophones by means of dilutioning approximately 0.1g of philophones delivered at the Defendant’s home located in Pyeongtaek-si G apartment 106 dong 602 at around 01:00, as prescribed in paragraph 1, into clophones, and injection them into divers.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. Adverse reaction test;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Crimes 1 for the reason of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendations] Class 3 (b) and simple possession, etc. of medication and simple possession, etc. (c) of the basic area (10 months to 2 years of imprisonment) [the person subject to special mitigation] / Sale and brokerage, etc. of two types (the scope of recommendations, marijuana, native b) mitigated areas (1 year to 3 years of suspension of execution) [the scope of punishment] mitigated areas (8 months to 1 year and 6 months of imprisonment] [the person subject to special mitigation (the person subject to special mitigation)], purchase or acceptance for medication and simple possession, etc., / the person subject to important cooperation in investigation / the same kind (within three years of imprisonment within the period of suspension of execution within three years)].