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(영문) 대전지방법원 홍성지원 2014.11.12 2014고단566

마약류관리에관한법률위반(향정)

Text

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

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

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around December 2012, the Defendant received a delivery of the injection equipment containing approximately 0.04 g of Maspiles (tentatively called “sponon”; hereinafter “opon”) from “C” on the roads near a human college located in Kimhae-si, Kim Jong-si.

2. On the same day of paragraph 1, the Defendant administered philophones by dilution approximately 0.03 g of philophones with water at the scopher, which is located in the French-si, Kimhae-si, and injection of philophones into his arms.

3. On September 24, 2014, the Defendant administered approximately 0.01g scopon to coffee in a scopon, which was administered by dilution, around September 24, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal as of August 29, 2013;

1. Application of the statutes on response to requests for appraisal;

1. Relevant Article of the Act on the Control of Narcotics, etc. and the receipt of phiphones and the provision of medication for the crime: Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc.;

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 Act on the Control of Narcotics, etc. (10,00 won for a single medication of phiphonephones x two times = 200,000 won); and

1. Basic crime for sentencing under Article 334 (1) of the Criminal Procedure Act [the scope of applicable sentences under the law] 1 to 15 years (the application of sentencing guidelines] of the sentence under Article 334 (1) of the Provisional Order for Provisional Payment: Determination of the type of violation of the Act on the Control of Narcotics, Etc. (the act of violation of the guidelines): the group of narcotics crimes, the group of sales and good offices, etc., and the class 2 (b) of the Act on the Control of Narcotics, etc. (the act of violation of the guidelines): The area of recommendation and the scope of recommendation: The basic area, the area of imprisonment with prison labor for not less than one year but not more than 2 years: Determination of the type of violation of the Act on the Control of Narcotics, etc. (the act of violation of the guidelines): The category of violation of the Act on the Control of Narcotics, etc. (or the act of violation of the guidelines) due to the administration and possession of each penphone: The area of recommendation and the scope of recommendation: The basic area, imprisonment with prison labor for