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(영문) 대전지방법원 천안지원 2017.10.26 2017고단1986

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

The Defendant, who is not a person dealing with narcotics, is not a person dealing with narcotics, and is not a person dealing with chrophones (one philophones, hereinafter referred to as “philophones”), but dealt with philophones as follows.

1. On June 25, 2017, the Defendant: (a) purchased penphones from the Defendant’s vehicle parked in the C parking lot located in Suwon-si, Suwon-si; (b) purchased 500,000 won in cash from D; and (c) 0.5g phiphones with approximately 0.5g phiphones.

2. Medication of phiphones.

A. On July 5, 2017, at around 21:00, the Defendant administered philophones by inserting it into a single-use injection device, using a disposable injection device, around 0.05g (K6) in front of Pyeongtaek-si’s stable sloping base, and administering philophones by inserting it into a single-use injection device.

B. On July 5, 2017, the Defendant administered philophones by inserting approximately 0.05 g of philophones into a single-use injection machine on July 5, 2017, and in the way of injecting them into the blood cells, after dilution them with raw water.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site CCTV photographs;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

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 imprisonment for a definite term, and the selection of imprisonment for a definite term;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) The number of self-denunciation in the mitigation area (from June to one year and six months) of the Class 3 (Notice Restrictions), including medication, simple possession, etc. (b) and the reduction area (from June to one year and six months);

B. Two types of crimes [the scope of recommended punishment], such as sale, good offices, etc. (b) and two types of crimes (e.g., marijuana, native b.(c) and item (c)) shall be the area of special mitigation (from April to June).