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(영문) 수원지방법원 안양지원 2019.06.04 2019고단400
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On September 1, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Suwon District Court on September 1, 2017 and completed the execution of the sentence on June 4, 2018.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. The Defendant administered the Mespopon (hereinafter “popon”) in a manner of inserting the Mespopon into a single-use injection machine at the Defendant’s residence located in Jung-gu Incheon Metropolitan City, Jung-gu, and inserting 0.03g of the Mespopon into a single-use injection machine and dilution it into a arms around February 2019.

2. The defendant holding a phiphone on February 14, 2019: (a) the total weight of a disposable injection machine with a phiphone at the Manyang-gu C hotel D heading around 21:40, Ansan-si, Manyang-si, and one phiphone;

3. 18g was in possession of 18g above the GH.

Summary of Evidence

1. Defendant's legal statement;

1. A letter of request for appraisal, report on an investigation, and report on an investigation (the results of a false appraisal) by the prosecutor’s report on the prosecution, the written request for appraisal, the report on investigation;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

(b) Second Offences [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] / 01. Medication, simple possession, etc. (Type 3]

Items c) and c.

Item (Special Aggravation) Aggravations: The recommended range of criminal records of the same kind (not less than three years of suspended execution) and the recommended range.

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