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(영문) 수원지방법원 성남지원 2016.11.16 2016고단2591
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

2 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On August 5, 2016, at around 20:00, the Defendant: (a) opened approximately 5 g of psychotropic drugs, which were psychotropic drugs, contained in vinyl paper, from D, within the NAS car stopped near the YY-si, Leecheon-si; (b) opened approximately 5 g of psychotropic drugs, which were stopped in vinyl paper; and (c) opened up 200,000 won for D as the price therefor.

Accordingly, the Defendant traded psychotropic drugs.

2. At around 01:00 on August 19, 2016, the Defendant injected approximately 0.5g of philopon into his arms after dilution from the guest rooms on “Fel” located in Gwangju-si, Gwangju-si.

Accordingly, the Defendant administered psychotropic drugs.

3. On August 19, 2016, the Defendant entered the said house by opening a gate, which was opened in front of the house of the Victim H located in Gwangju-si around 17:05, and going to the said house toilets via ma.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the purchase of phiphones and the provision of medication) of the Act on the Control of Narcotics, Etc., Article 319 (1) of the Criminal Act and the selection of punishment for the crime, each of the choice of imprisonment with prison labor;

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

1. The narcotics crime on the grounds of sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, etc. is highly harmful to society as a whole by causing another crime in the process of manufacture, distribution and use as well as to avoid the mental and physical disorder of an individual due to the toxicity of the special character.

However, even though the defendant had been punished five times for the crime of narcotics such as philophone medication, he also committed the crime of this case, and he is in the quantity of philophone medication.

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