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(영문) 의정부지방법원 고양지원 2019.09.18 2019고단701

마약류관리에관한법률위반(향정)

Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, but not a person handling narcotics, and thus he/she shall not sell or administer a psychotropic drug camblopon (hereinafter referred to as "camlopon").

1. On February 2, 2019, at around 19:05, the Defendant traded phiphones with cash of KRW 200,000 and approximately 0.1g of philophones contained in C, located in the Defendant’s vehicle parked on a road near the Seoul Central-gu B market, Jung-gu, Seoul, and traded philophones.

2. The Defendant, at the time and place described in paragraph 1, administered philophones by means of dilutioning approximately 0.1g of philophones contained in a single-use injection machine with water and injection into his arms.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Ratification-The application of the Acts and subordinate statutes on correspondence to a suspect's request for an appraisal, and narcotics appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, the choice of imprisonment with prison labor for each of them;

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

1. A prosecutor is seeking confiscation of two copies of a disposable injection period (Evidence No. 1), but the evidence presented by the prosecutor alone cannot be deemed as falling under the confiscation requirement as provided by Article 48(1) of the Criminal Act because the above confiscated articles were produced or intended to be provided in the criminal act or obtained by the criminal act, or because it is unclear whether such seized articles were produced or obtained by the criminal act, it shall not be confiscated.

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Scope of punishment by law: One month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

item. (b)