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(영문) 수원지방법원 2017.10.19 2017고단4365

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence No. 1 (No. 2212 of Suwon District Prosecutors' Office 2017) shall be confiscated.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, between June 13, 2017 and June 22, 2017, the Defendant, in a fluorous place (hereinafter referred to as “one philophone”) with a fluoric mental medicine in Dongdaemun-gu Seoul Metropolitan Government, put the mecopic volume into a single-use injection machine, dilution with water, and administered them by means of injection into the blood fluor of his arms or drinking water.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A photograph of the informant by capturing the details of telephone conversations with the suspect;

1. A protocol of seizure and a list of seizure;

1. Photographs of the seizure site;

1. Written response to a request for urient appraisal, narcotics appraisal;

1. Report on investigation (specific relation to the place where the crime is committed with philophone medication);

1. A report on investigation (calculated additional collection charges);

1. Maternity of the result of appraisal;

1. Results of analysis of digital evidence;

1. Application of Acts and subordinate statutes to investigation reports (in this paper and judgement);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the scope of recommendation / simple possession, etc.] There is no person subject to a special sentencing / [the sentence / 10 to 2 years] in the basic area (the sentence / 10-2 years) of the Criminal Procedure Act / [the sentence ] / there is a number of records of criminal punishment as well as the fact that there are not only four kinds of records of criminal punishment but also four times (3 times of actual punishment, one time of suspended execution). Not only in the mouth but also in the hairs, the detection of visual phone ingredients is detected; there is lack of serious reflectivity against one's mistake; after the arrest, sending letters to the effect that there is any change in the circumstances after the commission of evidence; and considering the above circumstances in simple medication; and the defendant's age, the defendant's environment, motive for committing the crime and the order conditions.