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(영문) 서울중앙지방법원 2019.01.24 2018고단6018 (1)
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around December 14, 2017, the Defendant and B, despite the fact that they are not authorized to handle narcotics, stored two psychotropic drugs in a single-use injection machine at the Defendant’s residence of Seongdong-gu Seoul Sungdong C apartment D, in a single-use injection machine at the Defendant’s residence of Seongbuk-gu Seoul Metropolitan Government, in a single-use dose (hereinafter referred to as “per-time medication”), combined them with water, and injected a phiphone by means of injecting it into the Defendant and B’s arms, respectively.

Accordingly, the Defendant conspired with B to administer philophones.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Records of seizure and the list of seizure;

1. Investigation report (report on the market price of phiphonephones);

1. Application of the Acts and subordinate statutes of each request for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 1, and Article 2 of the

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

1. Social service order under Article 62-2 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order requires a strict punishment against a narcotics offender in light of harm and danger of recidivism, risk of recidivism, necessity of eradicating narcotics crime following the sentencing.

However, in full view of the various circumstances, such as the defendant's age, environment, character and conduct, motive of the crime, and circumstances before and after the crime of this case, the sentencing conditions specified in the records and arguments of this case shall be determined as ordered by taking into account the following factors: (a) the defendant has shown the attitude to recognize and reflect all the crimes of this case; (b) the defendant has no record of punishment for

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