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(영문) 수원지방법원 2017.07.13 2017고단279
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Two divers (Evidence 1) used in seizure shall be confiscated.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Meteptop clopty (one philopon; hereinafter “philopon”), which is a local mental medicine, as follows:

On January 9, 2017, the Defendant, at around 23:30 of the hotel E-106 located in Ma in Sungsung-si, sent F with 0.07 grams of opon in a single-use injection machine, dilution with water, thereby having the Defendant injection into the Defendant’s arms.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

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

1. Photographs of seized articles taken at the time of arrest;

1. Investigation report (referring to the report on the climatic change, etc. against the State and the response on the results of appraisal of narcotics), and written appraisal of narcotics;

1. A report on investigation (Attachment of the text of the judgment) and judgment;

1. A report on investigation (calculated additional collection charges);

1. Application of Acts and subordinate statutes to each request for appraisal, genetic appraisal, and narcotics appraisal report;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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. Scope of the recommended punishment according to the sentencing guidelines: From one year to three years (the scope of the recommended punishment), medication, simple possession, etc. (one year to three years) in the aggravated area (one year) (one year to three years), the aggravated area (the suspension of execution within three years);

2. Circumstances unfavorable to the decision of sentence: The circumstances that the defendant was sentenced to a suspended sentence of ten months for the same kind of crime in the Suwon District Court on February 3, 2016 and committed again the crime of this case even though he was under the suspended sentence of two years for the same crime: his mistake is recognized and reflected, the fact that the defendant was involved in the simple medication, cooperation with the investigation, and the above suspended sentence shall be invalidated and shall live in prison for a considerable period of time.

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