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(영문) 수원지방법원 안양지원 2018.02.06 2018고단2
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On December 16, 2017, the Defendant: (a) put approximately 0.06g of Mail-si, C Apartment-si, 103 1403 dong 1403 at the inside of the Defendant’s residence; (b) put approximately 0.06 g of mecopon, a local mental medicine, in a single-use injection device; and (c) injected the meopon by inserting approximately 0.06 g of meopon; and (d) injected the meopon into his arms.

2. On December 21, 212. 17:28 of the same year, the Defendant: (a) put about approximately 2.42g of philopon into a plastic bag in a philopon bag; (b) carried a philopon in one’s left-hand box by means of hiding it into a black band on one’s own left-hand box.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement on narcotics (the net 39,40);

1. On-site photographs;

1. Protocols of seizure, protocol of seizure (voluntary submission), and each list of seizure (net 5,17);

1. The application of Acts and subordinate statutes to calculate additional collection charges;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 2 (1) 3 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment, etc., and the Selection of Imprisonment with prison labor;

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. Article 62-2 of the Criminal Act on the observation of protection;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (1 million won for a single medication);

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the scope of the punishment according to the sentencing guidelines] : Medication, each violation of the Act on the Control of Narcotics, Etc. by Possession (a violation of the Act on the Control of Narcotics, Etc.) - Basic area (b) - The scope of the final sentence due to the addition of multiple offenses for which there is no special person: 10 months or 2 years: 10 months or 3 years (the decision of the sentence) - favorable circumstances: The fact that the defendant recognizes his/her mistake, the fact that the defendant has no record of punishment for the same kind of offense; the fact that the defendant has no record of being punished for the same offense; the amount of telephonephone carried: the amount of unfavorable circumstances.

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