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(영문) 대전지방법원 2019.01.23 2018고단2312

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Even if the Defendant is not a person handling narcotics,

1. Around 20:30 on December 10, 2017, the Defendant received and accepted psychotropic drugs, free of charge, Metepopty 0.5g, psychotropic drugs, from D, one of the narcotics sales books, which he came to know through B, which he had been in the Chungcheong prison, from the Chungcheong prison, and through C, with psychotropic drugs sales books (hereinafter “clopon”; hereinafter “copon”).

2. Medication of psychotropic drugs;

A. On December 11, 2017, at around 01:00, the Defendant injected approximately 0.03g of philopon, which was provided by D free of charge, as prescribed in paragraph (1), at the Defendant’s residence of the Daejeon P building G, for a single-use injection instrument, and dilution it with water, to the Defendant’s left arms.

B. At around 08:00 on December 11, 2017, the Defendant injected approximately 0.03g of philopon, which was provided by D free of charge, as set forth in paragraph (1), into a single-use injection machine, and dilution with water, with the Defendant’s dives injection into the bloodline.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records, results of simple reagents test reports, written confirmation, on-site photographs, narcotics appraisal reports, and requests for expert opinions;

1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);

1. Selection of a fine and fine under Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc., for the applicable criminal facts and the selection of a sentence;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) has been sentenced several times for a crime of the same kind, and the instant case also has a high possibility of criticism as repeating the period of repeated crime.

However, the defendant responded to the crime after the first medication and contacted the investigator, and the defendant was treated after attempted suicide after the second medication.