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(영문) 수원지방법원 2016.03.16 2016고단393

마약류관리에관한법률위반(향정)

Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On December 19, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on December 19, 2013, and completed the execution of the sentence on June 29, 2014.

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Mept Ampha (hereinafter referred to as “philophone”) which is a local mental medicine as follows:

1. On October 17, 2015, the Defendant received 0.04 gramphonephones located in vinyl bags from D at the residence of 17:0,00 Won-gu Ctel 706, Seocheon-gu, Seocheon-si, 2015.

Accordingly, the defendant accepted philophones.

2. At around 18:00 on January 20, 2016, the Defendant: (a) inserted approximately 0.04 grams into a single-use injection machine at the Defendant’s home located in the third household located in the Nam-gu Incheon Metropolitan City E, with approximately 0.04 grams; (b) added water into a single-use injection machine; and (c) injected into his arms.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect by the prosecution or the police against the defendant (including the substitution with D);

1. A statement on narcotics appraisal;

1. Details of the sending of a Handphone and a station, and the details of telephone calls;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, personal identification and acceptance status, and Acts and subordinate statutes of a report on investigation (Attachment to judgment);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for the following reasons: (a) the category 1 of the Act on the Control of Narcotics, Etc. [the scope of the punishment recommended] (the scope of the punishment under Article 67 (2) and (3) of the Act on the Control of Narcotics, Etc.) in the area of aggravation (1 to 3 years) in the area of aggravation (1 to 3 years), such as medication, simple possession, etc. (the person subject to special mitigation) of the subject of punishment [the scope of the punishment under Article 67 (2) of the Act on the Control of Narcotics, etc.] of the types 2 (the scope of the punishment under Article 67 (2) of the Act on the Control of Narcotics, etc.) in the area of mitigation (8 months to 1 year and 6 months