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(영문) 수원지방법원 평택지원 2015.08.20 2015고단992
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

203,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On January 18, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., at the Sungnam Branch of Suwon District Court on January 18, 2013, and completed the execution of the sentence in a public prison on September 9, 2013.

【Criminal Facts】

Defendant is not a narcotics handler.

1. Medication of Metephacopic (hereinafter referred to as "popon");

A. On April 2015, the Defendant, around 22:00 on the end of April 2015, 2015, added approximately 0.03g of psychotropic drugs in the Defendant’s house located in the Gyeonggi-si 202 Twit-si (hereinafter “clopon”) at the end of 22:00, in a single-use injection machine (hereinafter “copon”), and injected them into arms, after dilution with psychotropic drugs.

B. Around July 1, 2015, the Defendant, around 00:10 on the rooftop of “E” located in Gyeonggi-si, Gyeonggi-do, on July 1, 2015, added up approximately 0.03g of philopon in a single-use injection machine and injected it into the arms, and injected it into the arms.

2. On July 1, 2015, the Defendant smoked, around 13:00, on the “E” rooftop, containing approximately 0.5g g of hemp powder in the nes-grop, in the nes-grosp, with a smoker’s fire attached, and smoked.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Fieldology response test;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records, investigation reports (limited to the same criminal records, court rulings, and current status of confinement);

1. Articles 60 (1) 2, 4 (1) 1, 2 subparagraph 3 (b), and 61 (1) 4, and 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Determination on the application of the sentencing guidelines of the proviso to Article 67 of the Act on the Control of Narcotics, etc.: The scope of recommending the applicable O sentencing guidelines: The aggravated area (1 to 3 years) of subparagraph 3 (b) and of simple possession, etc.;

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