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(영문) 의정부지방법원 2019.01.31 2018고단3678
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant is not a person handling narcotics, and thus is not a person handling narcotics, but is not able to handle the psychotropic drugs (one-name clopon; hereinafter referred to as “copon”).

1. On January 2018, the Defendant committed a crime in the middle of 2018, around 21:00, administered phiphones once by inserting approximately 0.05g of philophones into a one-time injection machine and dilution them into the Defendant’s arms blood transfusion, which was parked at the parking lot at the Chodong Branch in B, on January 2018.

2. On March 6, 2018, the Defendant administered approximately 0.05 g phiphones from the toilet in E at around 18:00 on March 6, 2018 in a single-time manner at the F Facilities around 18:00.

3. On May 27, 2018, around 18:00 on May 27, 2018, the Defendant: (a) administered 0.05g philopon within the MF6 passenger car of the Defendant’s driving parked on the front of G apartment in the manner described above.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. On-site photographs;

1. Reports on internal investigation (verification of the details of the detection of the other party to the reporting person);

1. Delivery of reports on internal investigation (narcotics ingredients and response results from DNA appraisal), narcotics appraisal reports, and the results of DNA identification search by the DNA identification information;

1. Each protocol of seizure, each list of seizure, and photographs of seized articles;

1. Requests for appraisal;

1. Details of passage through the F facilities;

1. Report on investigation (calculated additionally), and application of Acts and subordinate statutes concerning the monthly trend of narcotics;

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., concerning the relevant criminal facts and the Selection of Punishment;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection = 100,000 won = 100,000 won (per-time medication) x 3 times); and

1. One month to fifteen years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. Scope of recommendations according to the sentencing criteria;

(a) Each of the basic areas of the crimes of violation of the Act on the Control of Narcotics, Etc. (determination of types) (referring to the determination of types), such as medication, simple possession, etc. (referring to sub-paragraphs (b) and (c)) (referring to the determination of the recommended area).

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