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(영문) 수원지방법원 2020.01.07 2019고단6546
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 100,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Suwon District Court on April 15, 2016, sentenced three years and six months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence), etc., and completed the execution of the sentence in the 1st prison of North Korea North Korea on December 1, 2018.

【Criminal Facts】

1. Despite the fact that the Defendant is not a person handling narcotics, etc., the Defendant dealt with the psychotropic drugs, such as the following, Metropha (one philophone; hereinafter “philophone”).

On October 14, 2019, at around 22:00, the Defendant injected approximately 0.03g of philopon into a single-use injection machine, and dilution it into his own arms, with a total of two occasions.

Accordingly, the Defendant administered 0.06g in total of philophones.

2. No person in violation of the Punishment of Minor Offenses Act shall carry any extension or tool which may be used for causing serious harm to human life or body, or to intrude upon a house or other structure, such as a knife, steel bar, hacksaw, or hacksaw, while carrying it with himself/herself, without good cause;

Nevertheless, at around 07:35 October 16, 2019, the Defendant put a knife (32 cm in total length, 21 cm in daily length) in the street near the Magsan 119 Safety Center located in Suwon-si, Suwon-si, Suwon-si, and her knife with a dangerous object, and her knife without setting a destination.

Accordingly, the defendant conceals the knife without any justifiable reason and carries it with him.

Summary of Evidence

1. Defendant's legal statement;

1. A narcotics appraisal statement;

1. The list of seized articles, records of seizure and the list of seized articles;

1. Report on investigation (report on the calculation of additional collection charges);

1. Previous records: Application of criminal records, inquiry reports, investigation reports (a repeated crime and judgments related to the same kind of power, etc. attached thereto);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc.) concerning facts constituting an offense, the relevant provision of the Act and the Selection of Imprisonment with labor for such a case;

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