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(영문) 대전지방법원 서산지원 2019.08.08 2019고단441

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

150,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

1. Around 18:00 on May 12, 2019, the Defendant administered the Mesamin medication by inserting approximately 0.05g of psychotropic drugs into a single-use injection instrument and dilution them into arms at the parking lot of the B apartment-dong, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and then injecting them.

2. No person shall smoke or take in marijuana or its seed coats.

The Defendant smoked marijuana at the time and place specified in paragraph (1) by putting it into pipes made of the stuffed paper, and attaching the smoke to the string in a string manner.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Report on investigation (Attachment of photographs of arrest and search site), arrest and seizure processes;

1. The name of the prosecutor of the lawsuit and the photograph of the result of simple reagents;

1. A report on investigation (related to attachment of a photograph of a suspect), a photograph of the defendant's arms administered;

1. A report on investigation (related to a report on the preliminary test for narcotics) and a report on the preliminary test for narcotics;

1. Investigation report (suspects' defenses, details of seizure of hairs and results of simple reagents inspections);

1. Investigation report (in response to a reply as a result of appraisal on the defense), narcotics appraisal report (A);

1. Investigation report (market price report and calculation of additional dues), and transaction list of narcotics;

1. Application of Acts and subordinate statutes to correspondences (written requests for appraisal, etc.);

1. Imprisonment with prison labor for a crime under Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., for the Selection of Acts and Subordinate Statutes, and for the selection of an applicable sentence;

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

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 recommended sentences according to the sentencing criteria;

(a) the first crime (sopon medication) (the scope of recommendations);