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(영문) 의정부지방법원 2018.05.25 2018고단843
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

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clocks (one philopopon; hereinafter referred to as “philopon”).

1. On August 2017, the Defendant purchased philophones by taking a single philogram injection machine with philophones from F to F in the E toilet located in Gyeonggi-gun, G, and by paying 300,000 won in cash as philophones purchase price at the above E-gu, the following day.

2. The Defendant administered philophones by inserting approximately 0.03g of philophones from F in a single-use injection machine and dilution them with water at the time, place, as described in paragraph 1, in which the Defendant was found to have philophones from F. The Defendant administered philophones by means of injection with Defendant’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact of crime and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and 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 (The following circumstances considered in favor of the reasons for sentencing);

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Application of the sentencing criteria;

(a) Purchase (a) (a type of concurrent crimes) (a type of determination), drug crimes, trade, mediation, etc., and two types (b) (special sentencing factors): Purchasing or receiving for medication, simple possession, etc. (a scope of recommendations) and giving or receiving them (a scope of recommendations) from August to June (a scope of mitigation);

(b) Medication (basic crime) (a determination of the type), drug crimes, medication, simple possession, etc., three types (b) [Scope of recommending punishment], 10 months to two years (basic areas).

C. Handling multiple crimes: Imprisonment with prison labor of 10 months to 2 years.

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