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(영문) 대전지방법원 2019.11.21 2019고단3349

마약류관리에관한법률위반(향정)

Text

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

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

Despite the fact that the Defendant is not a narcotics handler, he handled the psychotropic drugs designated as narcotics, such as Mesophopon (one philopon; hereinafter referred to as “philopon”).

1. At around 12:00 on December 3, 2018, the Defendant received philophones from the above C’s office located in Daejeon Dong-gu, Daejeon, with approximately 0.04g of philophones free of charge and received philophones.

2. On December 3, 2018, the Defendant, at around 12:05, administered philophones by inserting water into a disposable injection machine containing approximately 0.04g of philophones received, as described in paragraph (1), at the places described in paragraph (1), and inserting philophones into his arms.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Copy of each police statement concerning C;

1. Each report on investigation;

1. The report on the request for appraisal (number 33);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (which gives, receives, and administer phiphones) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning facts constituting an offense, and choice of imprisonment with prison labor;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to provide community service and attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

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

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(b) Class 2 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Punishment)] (Determination of Punishment of Narcotics, etc.]. Trade, good offices, etc. (Type 2] marijuana and perfumes;

Items c) and c.

There is no special person [the area of recommendation and the scope of recommendation], such as the title [the special person].