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(영문) 수원지방법원 성남지원 2017.04.19 2017고단275
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Although the Defendant is not a narcotics handler, at around 23:00 on January 2016, the day, at around 23:00, the car parked on a road near the “C hotel” B, Gyeyang-gu Incheon Metropolitan City, the Defendant received approximately 0.8g of the Mept ambamin, which is a local mental medicine, contained in D in a disposable injection machine, free of charge.

Accordingly, the defendant accepted a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Currency details;

1. Investigation report (the monetary content of suspect and D);

1. Application of Acts and subordinate statutes to a report on investigation (the calculation of an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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 is a case in which the defendant gives or receives merptists again during the suspension period of the execution of the same kind of crime, and the liability for such crime is not minor;

However, in light of the fact that the defendant did not administer the Mept amba, and that the investigation agency does not seem to have any response to training the Mept ambamins even after being investigated by the investigation agency, it seems that the defendant has the intention to cut off the narcotics.

In addition, the defendant was aware of the crime of this case, repented of wrong facts, and did not handle narcotics again.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.

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