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(영문) 서울서부지방법원 2018.09.20 2018고단2198

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the defendant is not a person dealing with narcotics, he is not a person dealing with narcotics, he is not allowed to deal with the crophographer (one philopopon; hereinafter referred to as "philopon"), but he dealt with the local mental drugs as follows.

1. The Defendant was aware of the fact that around May 24, 2018, at around 19:40, the “E” in Yongsan-gu Seoul Metropolitan Government D was adjacent to the restaurant for hamburo.

From F (54) to F (54) the amount of approximately 0.07g philophones contained in transparent plastic bags (one column for disposable injection) was given and received from philophones without compensation.

2. On May 24, 2018, around 20:00, the Defendant administered phiphones by inserting approximately 0.035 grams from the toilets 501 of the 'H' hotel G in Yongsan-gu Seoul Metropolitan Government into a single-use injection machine and dilution with the raw water, and then administering phiphones in a way of injection into the left part of the Defendant’s blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the appraisal of narcotics and the appraisal of narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment);

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (All circumstances, including the fact that the defendant voluntarily surrenders and actively cooperates in the investigation, and the fact that the penphone dealt with is not much in quantity);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;