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(영문) 대전지방법원 서산지원 2018.08.08 2018고단600
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

1. On January 30, 2018, the Defendant received Handphones from D for a single-use 0.1g g from D in front of the C tea located in Jin-si, Jin-si, Jin-si, one of which is 0.1g from D for a single-use camniter, and received and delivered Mept camniters.

2. Medication of phiphones.

A. On January 30, 2018, the Defendant put about approximately 0.05g of the Metepia 0.05gs received from D in a disposable injection vehicle, as described in paragraph 1, on the front of warehouse located in Jin-si, Jin-si, Jin-si, at approximately 19:00, in a single-use injection vehicle, and dilution with water, and administered the Metepia in a way of injection to the Defendant’s right arms bloodline.

B. On February 7, 2018, the Defendant, on the front side of the warehouse located in Jin-si, Jin-si, D, as described in paragraph 1, put approximately 0.05g of Metepia 0.05g, imported from D into a single-use injection vehicle, dilution with water, and administered Metrapia in a way of injection to the Defendant’s right part of the arms blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each investigation report (including documents attached to narcotics appraisal report, etc.), seizure protocol, and list statutes;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, and the choice 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. 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 fact that there are criminal records of the same kind in sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: Provided, That the punishment shall be determined as ordered by taking into account all the circumstances shown in the arguments, such as the age, sex, environment, situation before and after the commission of the crime, motive of the crime, etc., such as the fact that the criminal records are old, the defendant's recognition of and reflects on the crime, and efforts to escape from narcotics, etc.;

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