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(영문) 수원지방법원 평택지원 2020.04.24 2020고단447
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

One electronic lives (Evidence No. 5), one rubber line (Evidence No. 6) seized.

Reasons

Punishment of the crime

[Criminal Power] On February 21, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Seoul Southern District Court on February 21, 2018, and completed the execution of the sentence at the same prison on March 9, 2019.

【Criminal Facts】

1. On October 20, 2019, the Defendant, who delivered a campier (hereinafter “copon”), received a injection device containing approximately 0.06 g of copon from the Defendant’s residence located in Michuhol-gu Incheon City, Michuhol-gu, Incheon around October 201, the charge of receiving the copon is deemed to be “delivery”, but the charge was corrected to “receiving”, which is an expression under the law.

2. Around 07:00 on February 18, 2020, the Defendant injected approximately 0.03g of phiphones into tap water at the dwelling of the above Defendant, and administered them to the left bloodline of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the police against C or D;

1. A written appraisal;

1. Each protocol of seizure;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (precluding repeated offenses and court rulings, etc.);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. concerning the crime in question; and

Bas (receiving, administering, or administering psychotropic drugs), each choice of imprisonment

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. (the 100,000 won for a dose once and the 200,000 won for a dose once) shall be additionally collected; and

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: One to thirty years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Bads (special spists)

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