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(영문) 서울동부지방법원 2019.06.17 2019고단735
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 22, 2019, the Defendant administered philophone medication by means of inserting psychotropic drugs into a single-use injection machine and dilution with water at the Defendant’s residence located in Seongdong-gu Seoul Metropolitan Government B building C, after receiving psychotropic drugs from D (one philophone).

2. On January 25, 2019, the Defendant purchased and administered philophones, after paying 200,000 won of philophones to the said D in front of the Ethon located in Seoul, Jung-gu, Seoul, and purchasing the philophones by cutting off the philophones, and at around 15:00 on the same day, administered the philophones in the same manner as the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to a criminal investigation report (the results of appraisal by the State and the result of appraisal);

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

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 [Determination on the Violation of the Act on the Control of Narcotics, etc. (referring to the determination of types)]. Narcotics crimes: Trading, arranging, etc. (Type 2] marijuana and perfumes;

Items c) and c.

- Reduction element: Purchase or receipt for medication, simple possession, etc. - Self-denunciation, important investigation cooperation - Aggravation element: for the same criminal records (not less than three years of suspension of execution): [the scope of recommendation area and recommendation range] special mitigation area, 4 months to 1 year and 16 months of imprisonment [the general person]

(b) Second offense (violation of the Act on the Control of Narcotics, etc.) (Determination of types] of narcotics crimes. Medication, simple possession, etc.

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