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(영문) 대전지방법원논산지원 2020.11.03 2020고단426
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

[Criminal Power] On March 31, 2020, the Defendant was sentenced to a suspended sentence of three years for one year and six months for a violation of the Act on the Control of Narcotics, Etc. (fence) in the Daejeon District Court’s Matern support on March 31, 202, and the judgment was finalized on April 8, 2020.

【Criminal Facts】

No defendant shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, deliver, receive, trade, arrange for trade of, or offer narcotics or psychotropic drugs, which are not a person handling narcotics.

1. Around April 2019, the Defendant administered a philophone by inserting approximately 0.1g of Mesofts (one philopon; hereinafter “philopon”) into a single-use injection machine and dilution into one’s melopon in the presence of “B hotel” c, D, and E in the Seo-gu Daejeon-gu, Daejeon.

2. Between June 1, 2019 and around August 8, 2019, the Defendant administered chophones by inserting approximately 0.1g of mert cams (one chophone; hereinafter “chophones”) into a disposable injection machine and dilution with c and E in the hotel clock of Thailand F.

Summary of Evidence

1. Copy of the protocol of seizure of suspect interrogation of the defendant's court statement C by prosecution;

1. Each investigation report (referring to a request for appraisal, and a request for appraisal, such as a suspect's hair, and a request for appraisal) and criminal records on the entry into or departure from the Republic of Korea of each of the materials attached thereto: The results of inquiry, such as criminal records, etc.

1. Article 60 (1) 2, Articles 4 (1) and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc., the latter part of Article 37 of the Criminal Act, and Article 39 (1) of the same Act, which treat the concurrent crimes punishable by imprisonment with labor for an optional crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, etc. are as follows.

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