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(영문) 수원지방법원 2020.10.16 2020고단5263
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 3 through 6 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On November 11, 2016, the Defendant was sentenced to a suspended sentence of two years for a year due to a violation of the Act on the Control of Narcotics, Etc. (flaps) in order to support the Jinna District Court (hereinafter “Cinhophone”), and, notwithstanding the fact that the Defendant is not a narcotics handler, treated the psychotropic drugs, as follows:

1. On July 10, 2020 and around the 12th day of the same month, the Defendant injected approximately 0.1g of philopon into a single-use injection machine, and dilution with water, respectively, at the home of the Defendant in Namyang-si B and C, and around 12th day of the same month.

Accordingly, the Defendant administered philophones over twice.

2. Around July 12, 2020, the Defendant, holding a philophone, kept at his hand a vinyl paper containing approximately 0.16 g of philophone at the home of the above Defendant’s office.

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of police seizure;

1. A written request for appraisal, a guide for inspection and a statement on narcotics (defensives, hairs and seized objects);

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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. 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 order of provisional payment is that the defendant was sentenced to the suspension of the execution of imprisonment due to the administration of scopon, etc., and the crime of this case is committed again, the confession of the defendant, the criminal facts are contrary to the confession, the fact of the crime is limited to the possession of the purpose of administration of scoponon, the fact that there is only four minor fines, except the above criminal records, and the age of the defendant.

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