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(영문) 서울북부지방법원 2019.01.23 2018고단5132

마약류관리에관한법률위반(향정)

Text

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

Seized evidence 1 or 2 shall be forfeited from the accused.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Violation of the Act on the Control of Narcotics, etc. (flavoring) - The Defendant, on May 9, 2018, in the office of the Defendant of the Btel C heading Btel in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnaman-si, the Defendant injected approximately 0.03g of psychotropic drugs on the part of the Defendant’s arms by inserting approximately 0.03g of psychotropic drugs in a single-use injection machine and dilution with water.

From that time until November 19, 2018, the Defendant administered philophones in a total of nine times as shown in the attached list of crimes.

2. Violation of the Act on the Control of Narcotics, etc. (flavoring) - The Defendant was carrying approximately 1.34g of philopon on November 19, 2018, around 09:16, on the street in front of Dobong-gu Seoul Metropolitan Government D, and the Defendant was carrying approximately 1.34g of philopon into vinyl bags.

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E (alias) and F;

1. The police seizure record and the list of seizure;

1. A report on investigation (a reply to an appraisal of white dust);

1. Requests for appraisal;

1. Investigation report (verification of results of maternity appraisal);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

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

1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the Defendant committed each of the instant offenses while being tried for a violation of the Act on the Control of Narcotics, etc. (fence) and the Daejeon District Court 2018No2212, which is the appellate court, on the grounds that the Defendant committed each of the instant offenses in violation of the Act on the Control of Narcotics, etc., the amount and frequency of the instant offenses handled by the Defendant, the Defendant’s age, character and conduct, intelligence and environment, and the motive for the offense.