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(영문) 춘천지방법원 2018.08.28 2018고단703
마약류관리에관한법률위반(향정)
Text

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

190,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

A defendant who is not a person handling narcotics, and no person who is not a person handling narcotics shall trade, assist in the trade of, administer, deliver, possess, keep, etc. narcotics or psychotropic drugs.

1. Purchasing a note clopon (one philopon; hereinafter referred to as “philopon”) of a medicine of psychotropic spirit;

A. On May 2018, the Defendant: (a) paid KRW 90,00 to C, and received approximately 0.15g of philopon, which is 0.15g from C, from May 2018, 2018, in front of the front door of B apartment house in Jinju; (b) paid KRW 90,00 to C; and (c) issued KRW 0.15g of philopon.

B. On July 2, 2018, the Defendant of the crime committed around July 2, 2018, at around 17:00, paid KRW 100,00 to C, and received approximately KRW 0.15g of philophones contained in C from July 2, 2018.

2. Medication of phiphones.

A. On May 2018, the Defendant committed a crime in the middle of 2018, administered the Defendant’s scam in the manner of dilution of approximately 0.15g philopon into the scam in the residence located in Jinju-si around May 18, 2018, and using a disposable injection device to injection into the scam of the Defendant.

B. On July 2, 2018, the Defendant, at around 18:00 on July 2, 2018, administered approximately 0.15g of philopon by dilution with clopon 0.15g of scopon in the residence indicated in the above paragraph (a), and administered them in the manner of injection into the blood banks by using the copon fraud once.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police statement made to C;

1. Application of the Acts and subordinate statutes on the assessment of narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Selection of Narcotics, Etc. for Criminal Facts (the purchase of phiphones and the provision of medication), and the selection of imprisonment with prison labor;

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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of the recommended punishment / [the scope of the recommended punishment] / the purchase of O phiphonephones in the basic area (one to two years from October to two years), such as the administration, simple possession, etc. of the O phiphone medication.

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