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(영문) 서울서부지방법원 2018.11.01 2018고단1495

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

【Metecopon medication (one philoopon; hereinafter referred to as “philoopon】

1. On October 10, 2017, the Defendant: (a) received one disposable injection device for diversating B with 0.03g of philopon 0.03g by dilution from the mutual influenites located in the area near the Gangseo-gu Seoul Metropolitan Government Maro-dong, Gangseo-gu, and administered Mauritius, with dilutiond water.

2. At around 01:00 on December 31, 2017, the Defendant administered phiphones by taking one scopon injection by dilution with 0.03g of philopon 0.03g from B in the vicinity of the bus terminal in Gangseo-gu Seoul Metropolitan Government.

3. On February 1, 2018, around 16:00, the Defendant injected the philopon into a disposable injection machine with 0.03g galopon, which was delivered by F without compensation from the 8th floor room of the mutual in the vicinity of Gangseo-gu Seoul Metropolitan Government Gangseo-gu, Gangseo-gu, and then injected the philopon in the part where the scopon was discharged.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of witness G, H and F;

1. Application of Acts and subordinate statutes of a maternity appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment);

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 stay of execution ( comprehensively considering all the circumstances, including the fact that the volume of phiphones handled is not large, that there is no record of crimes related to narcotics, and that there is no record of crimes related to narcotics, etc. for not less than six months);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;