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(영문) 수원지방법원 성남지원 2014.05.21 2014고단70
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 16:50 on December 30, 2013, the Defendant received from the PC room underground of “D” in Bupyeong-gu Incheon Bupyeong-gu, “D”, a single-use injection device containing 0.05 g of psychotropic drugs, E, and received a penphone without compensation.

2. The Defendant, at the time of paragraph 1, administered philophones in a way of injecting 0.05g of philophones received from the PC toilets as described in paragraph 1, and 0.05g of philophones received from the PC toilets as described in paragraph 1.

3. On January 7, 2014, at around 18:30, the Defendant received one philophone from H at a remote distance adjacent to the Gambane in Bupyeong-gu Incheon, Incheon, and received philophones without compensation, from H. 0.78g.

4. On January 7, 2014, at around 18:45, the Defendant injected 0.05g of phiphonephones received in Bupyeong-gu Incheon Metropolitan Government I into a single-use injection instrument, such as in paragraphs 202 and 3, and administered phiphones by dilution with aquatic dilution.

5. On January 7, 2014, around 19:30, the Defendant kept one-time injection equipment containing 02 phiphones and 0.73 g of phiphones and carried a phiphones.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the third and fourth examination of suspect of the police against E;

1. Each protocol of seizure and the list of seizure;

1. Each reply letter, each request for appraisal;

1. Application of Acts and subordinate statutes of Part I of the investigative report (calculated of a surcharge) and the table of price of narcotics;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment for

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

1. According to the sentencing guidelines under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the recommended sentence against the defendant shall be from October to August.

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