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(영문) 수원지방법원 2020.05.08 2019고단7561

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight 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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) as follows:

1. On April 2019, the Defendant: (a) Rophone medication, on April 1, 2019, was injected in his arms, after inserting approximately 0.1g of philophone into a single-use injection machine at the Defendant’s previous residence located in Suwon-gu, Suwon-si; and (b) dilution it into his own arms around the first half of April 2019.

Accordingly, the Defendant administered philophones.

2. On June 8, 2019, the Defendant: (a) Handphone medication was injected with C and D, which is a phiphone; (b) at L-C, E hotel at L-C, L-C, and D, which was injected with D’s arms, C and D’s arms by inserting the phiphone in a single-use injection machine at L-C and D’s end on June 8, 2019; and (c) the Defendant injected phiphones with the phiphones.

Accordingly, the defendant, in collusion with D or C, administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 1, and Article 2 of the

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. A narcotics crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is highly harmful to the public health, and thus should be punished strictly. However, the defendant is led to confession, and the facts constituting the crime are contrary to simple medication, and there is no same power for the defendant.

The sentence shall be determined as ordered in consideration of such various sentencing circumstances.