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(영문) 청주지방법원 2017.05.26 2017고단414

마약류관리에관한법률위반(향정)

Text

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

Nos. 2 and 3 of the evidence seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

On March 13, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act at the Cheongju District Court on the violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence in the original prison on September 17, 2015.

Criminal facts

Defendant is not a narcotics handler.

1. The point of administering a cropopon (one philophone; hereinafter referred to as “philophone”), which is a medicine of a psychotropic spirit;

A. On March 2016, 2016, the Defendant collected approximately 0.03g of philophones from DNA telephones located in Cheongju-si, Cheongju-si, into a single-use injection machine, dilutiond with bio-dives, and administered philophones by injection into the Defendant’s arms.

B. Around February 22, 2017, around the first instance court, the Defendant laid up approximately 0.03g of philophones into a single-use injection machine at the Defendant’s residence located in Cheongju-si E and 302, and injected philophones by injection into the Defendant’s arms.

2. The Defendant, at around 14:40 on the same day as the above “1-B” and at the same place as “1-B”, kept 0.21g of a philopon contained in a single-use cell, and carried a philopon in the hand room located in the living room at the above dwelling place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written response to a request for appraisal, written expert opinion, and written expert opinion from the prosecutor of the case;

1. Police seizure records, list of seizure and investigation reports (calculated additionally);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the attachment of the judgment, confirmation of the date of final release from the court), judgment, and the current status of acceptance by each individual;

1. Relevant legal provisions and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (the point of administration of phiphonephones and possession of phiphones) and choice of imprisonment for each sentence;

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

1. The following circumstances and reasons for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection: