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(영문) 수원지방법원 안양지원 2021.03.10 2020고단2292
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, shall not administer or possess a crypophophone (the clopon, the copon, the copon, the copon of which is a local mental medicine.

1. On September 11, 2020, the Defendant administered a philophone medication by inserting approximately 0.1g of philophones purchased from the sale of narcotics in the name of the Defendant’s house located in Bucheon-si B Manymnion C, and divelating them into a single-use injection machine, and dilution them into the Defendant’s arms bloodline.

Accordingly, the Defendant administered philophones.

2. On September 13, 2020, the Defendant possessed 0.1g of philophones, which are contained in a disposable injection machine, purchased from the sale of narcotics in the name-non-name type, at the customer room in the front of the Maur E room in Anyang-si around 13:35, 2020, by putting approximately 0.1g of philophones at the customer room in the place.

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. A written appraisal of each drug;

1. Application of the Acts and subordinate statutes to photographs of the contents of conversation with hosting pictures and photographs on arrest site;

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. for the Fact of crime (the point of administration of philophones, the point of possession of philophones, and the choice of imprisonment, respectively);

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 suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (10,000 won for a single minute for the medication of phiphones);

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) comprehensive consideration of all the sentencing conditions as shown in the pleadings of the instant case, such as the age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime.

Unfavorable circumstances: A narcotics crime shall be the physical or mental health of a administered person.

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