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(영문) 청주지방법원 2018.07.26 2018고단1352
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On October 2017, the Defendant administered philophones by inserting approximately 0.07g of Mesofts (copon, referred to as “copon”; hereinafter referred to as “philophones”) which are a psychotropic mental medicine in Geum-gu Busan, Busan, in a single-use injection machine and dilution with bopon into the arms.

2. On January 29, 2018, at around 01:00, the Defendant administered phiphones by inserting approximately 0.07g of philophones into a single-use injection instrument and dilution them with raw water and injection them into arms.

3. On January 29, 2018, at around 01:30, the Defendant administered phiphones by inserting approximately 0.07g of philophones into a single-use injection instrument and dilution them with biocom and injection them into arms.

Summary of Evidence

1. Statement by the defendant in court;

1. An appraisal report and a narcotics appraisal report;

1. A report on investigation (to attach telephone details);

1. Currency details;

1. A investigative report, application of Acts and subordinate statutes to one transaction price of narcotics, etc. issued by the Supreme Prosecutors' Office;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection of imprisonment, respectively;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Although there are two times a suspended sentence for the same kind of crime for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the crime is repeated as stated in its reasoning. Recognizing errors and reflects on the elements of sentencing: o other factors of sentencing under Article 51 of the Criminal Act, the sentence shall be determined as ordered by taking into account the following factors:

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