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(영문) 창원지방법원진주지원 2020.08.13 2020고단928
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant is not a person handling narcotics.

1. Crimes committed on or around December 12, 2019;

A. On December 12, 2019, the Defendant: (a) received one disposable injection machine from B, which contains approximately 0.03 g of the psychotropic drugs, from Sacheon-si, Sacheon-si, Sacheon-si; (b) and received from B, one of the psychotropic drugs, free of charge.

B. On December 12, 2019, the Defendant administered a philophone in a way of dilutioning approximately 0.03g of philophones, which are contained in a single spopical telephone that is given and accepted in the square near the plaza of Mancheon-si, Macheon-si, as set forth in paragraph 1(a), and dilution it with water.

2. Crimes around May 9, 2020;

A. At around 15:00 on May 9, 2020, the Defendant received and delivered a disposable injection machine with approximately 0.03 g of philopon from the above B on the road near Sacheon-si apartment.

B. At around 19:00 on May 9, 2020, the Defendant administered philophone medication by inserting water into a single philophone 0.03g, which is contained in a single crophone, such as paragraph 2(a), at the residence of the Defendant’s female-friendly apartment in Sacheon-si, and then administering the crophone in a way of injecting the left croke.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written appraisal of narcotics;

1. Application of one copy of a currency content, and one copy of each currency content to the Acts and subordinate statutes; and

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Offences 1 and 2 of the Act on the Control of Narcotics, Etc. [Determination of types] / [Violation of the Act on the Control of Narcotics]

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