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(영문) 춘천지방법원 원주지원 2018.06.08 2018고단369
마약류관리에관한법률위반(향정)
Text

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

200,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On June 24, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Game Industry Promotion Act in the original state branch of the Chuncheon District Court, and the sentence was finalized on July 2, 2015.

[2] Notwithstanding the fact that the Defendant was not a handler of narcotics, the Defendant received and administered the Metropha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. Receipt of Handphones;

A. On April 16, 2014, the Defendant received a single-use injection device from E, a local mental medicine, in front of the Dogdong-si Dogdong-si, and received it. The Defendant received a single-use injection device from E, a local mental medicine, (hereinafter “phigphone”).

B. On April 18, 2014, the Defendant: (a) received a one-time injection machine from E at the parking lot of the first floor of the G neighboring building located in the Han-si, Han-si; and (b) received it from E.

2. Medication of phiphones.

A. On April 17, 2014, the Defendant, as seen in subparagraphs H and 201-A, 1-3(a) of the philophone 0.05g g, received from the Defendant, as in paragraph 1-1(a), injected it by drinking after dilution with water.

B. On April 19, 2014, the Defendant: (a) stored the instant philophone 0.05g g, which was received from the Jcom, in Haju-si, Haju-si, Jcom 1-B; and (b) injected it with water by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Each investigation report and each investigation report on location;

1. Application of Acts and subordinate statutes to inquiries about criminal history and reports on the results of previous convictions;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The reasons for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. are favorable to the defendant, such as that the defendant has a deep depth of his mistake.

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