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(영문) 수원지방법원 2016.05.10 2016고단1250
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant purchased and administered the Metropha (one philophone, hereinafter “philophone”) which is a local mental medicine as follows.

1. On March 19, 2015, the Defendant administered philophones in collusion with B and C by inserting approximately 0.05 grams into three for a single-use-use-use-use-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-type-based-type-based-type-based-type-based-type-based-type-based-type-based-related-related-related-related-related-related-

2. On November 22, 2015, the Defendant purchased philophones with a cash of KRW 200,000 and a philophones 0.4g of philophones contained in the one-time injection machine at Eel in Ma, the Defendant purchased philophones.

3. On November 22, 2015, the Defendant administered philophones in collusion with B in a way that B 0.1g of philophones purchased from B, such as paragraph 2, is dilutiond with a single-use injection device, and in a way that B injected the Defendant’s arms into his arms with a single-use injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a response to a request for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment (Selection of Imprisonment with prison labor)

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. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., the recognition of and reflects on his/her mistake, and the primary charge);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Class 1 and 2 of Article 67 of the Act on the Control of Narcotics, Etc. (the basis for calculation) = 300,000 won = The scope of the recommended punishment indicated in the guidelines for sentencing of 200,000 won purchase price for the single philopon (paragraph 1 of the judgment below) 3 (the scope of the recommended punishment / the scope of the recommended punishment / the medication and simple possession, etc.)

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