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(영문) 수원지방법원 2013.12.30 2013고단6570

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

1. On May 2013, 2013, the Defendant: (a) received approximately 0.2g of psychotropic drugs from a marcule fluor (one philopon; hereinafter referred to as “philopon”); (b) obtained approximately 0.05g of philopon in a single-use injection at the same place where it is difficult for the next day after inserting approximately 0.05g of philopon into a single-use injection; (c) injected them into a arms after dilutioning their lives.

2. On June 2013, the Defendant: (a) inserted approximately 0.05g philophones into a single-use injection machine at the same place as the early patrolman on June 2013; (b) injected them into the arms after dilution with their growth.

3. On June 2013, the Defendant issued Handphones to a police officer on June 2013, 2013, at the same place as the first patrol officer on June 6, 2013, 0.05g of Handphones to E without compensation.

4. On October 2013, the Defendant: (a) inserted approximately 0.05ggs in a single-use injection machine at the same place as the Hanman’s preceding paragraph on October 2013; and (b) injected them into the arms after dilution with raw water.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning F;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes on documentary reaction tests;

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant provision of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. was that the Defendant was sentenced to a suspended sentence in 2001 due to the administration of phiphonephones, but thereafter, the Defendant was sentenced to a suspended sentence, taking into account the following: (a) there was no same record; (b) there was no other record of crime; and (c) there is no