beta
(영문) 수원지방법원 2016.10.11 2016고단3017

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a person handling narcotics, the Defendant administered a psychotropic drugs-related Mesoft (one philophone; hereinafter “philophone”) as follows:

1. Medication of a scopon on February 2016.

A. On February 2, 2016, the Defendant administered approximately 0.03g of clophones once clopon in the Defendant’s residence located in Suwon-si, Suwon-si, and administered them in a way that the Defendant injecteds the Defendant’s cloopon into his arms with a single-use injection device after dilutioning the 0.03g of cloopon into cloopon.

B. The Defendant administered approximately 0.03g of 0.03 grams, one-time medication in the same manner as the preceding paragraph, at the same place as at around 04:00, where philophones have been administered, as set forth in the preceding paragraph.

2. On March 1, 2016, the Defendant, from March 1, 2016 to around August 8, 2016, administered a philophone in a way that he/she injected approximately 0.03g of philophones into his/her arms using a disposable injection device, after dilutioning approximately 0.03g of philophones into a single scopon, his/her living base, from a day to day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the result of urinal appraisal and the result of maternity appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning the relevant criminal facts and the Selection of Punishment for Crimes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, self-denunciation, cooperation in the investigation of a superior ship D, the same criminal

1. Probation under Article 62-2 of the Criminal Act;

1. The scope of the recommended sentencing guidelines set forth in the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: the final sentencing range based on the aggravation of multiple self-denunciations (six to one year and one six months) in the mitigation area (six to one year and six months), such as medication, simple possession, etc.