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(영문) 수원지방법원 2019.09.20 2019고단3817

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 3 through 5 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on April 19, 2016 and completed the execution of the sentence at the Suwon Detention Center on July 31, 2017.

【Criminal Facts】

Despite the fact that the Defendant was not a narcotics handler, around July 17, 2019, the Defendant administered a philopon by inserting the psychotropic drug’s Melopic volume into a single-use injection instrument, inserting the psychotropic drug’s Melopic volume into a single-use injection instrument, dilution it into one’s own arms.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Statement of police seizure;

1. Inspection reports (E hospital), confirmations of urine testing, and investigation reports (the results of verbal replys on the assessment of national and original narcotics);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

3. Determination of sentence: One year of imprisonment with prison labor, despite the fact that the defendant had been punished eight times in total due to the administration of phiphonephones, it reaches the crime of this case in addition, it is an offense during the repeated crime period, on the other hand, that the defendant is led to confession, and that the defendant is against himself at the same time.