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(영문) 수원지방법원 평택지원 2018.07.19 2018고단927
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around 18:00 on May 25, 2018, the Defendant purchased and traded 200,000 won in cash to E in front of the D Hospital smoking room located in Osan-si, and approximately 0.3 g of the Metepop, which is a local mental medicine (one philopon; hereinafter referred to as “philopon”).

2. Medication of phiphones.

A. On May 26, 2018, the Defendant, at around 22:00, administered once in one-time in one-time injection machine, containing approximately 0.1g of philopon in a single-use injection machine, dilution with aquatic water, and injection into his/her right arms.

B. On May 27, 2018, at around 10:0, the Defendant, at the same place as the above paragraph 2(a) of the foregoing paragraph, injected one-time medication in a single-use injection machine, 0.1g of philophones, dilution with melting bio-resources, and in a way of injection into his right arms.

3. On May 27, 2018, the Defendant: (a) around 18:15, the Defendant: (b) laid down one son containing 0.1g of opon in the opon within a oponus located in the H police station narcotics investigation team office located in Pyeongtaek-si G.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. 112 Case lists, internal investigation reports, site photographs, photographs, records of seizure and list of seized articles, photographs, photographs of seized articles, circulars to requests for appraisal, application of Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and the selection of a punishment are applicable to a crime (or selection of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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. Criteria for sentencing: The mitigated area of crimes of August to September 1 [the scope of recommendations], trade, mediation, etc. is as follows: the mitigated area of two types (mariju, b. c., c., etc.).

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