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(영문) 수원지방법원 2015.10.15 2015고단3625
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, who is not a person handling narcotics, did not possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, sell, sell, trade, or arrange the trade of, or provide, psychotropic drugs chrophones (hereinafter referred to as “crophones”), but sold, administer, or administer, as follows:

1. At around 22:00 on May 3, 2015, the Defendant purchased philophones by giving KRW 1.4g of philophones from B in the vicinity of the Agricultural Cooperatives near the Namyang Masan IC and giving KRW 1 million in cash to purchase philophones.

2. At around 13:00 on May 4, 2015, the Defendant, at the residence of the Defendant, injected 0.03g of philopon purchased from B as above, into the Defendant’s arms using a disposable injection device, and administered philopon into the Defendant’s arms, after dilution the volume of 0.03g of philopon purchased from B from his dwelling.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the first protocol of examination of suspect concerning B by the prosecution;

1. A copy of the investigation report (a copy of a cellular phone for sale of phiphonephones);

1. Investigation report (Attachment of suspect A mobile phone photographs);

1. Investigation report (A maternity appraisal results - Training);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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., concerning the relevant criminal facts and the Selection of Punishment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Second crime for which no basic area (10 to 2 years) (10 to 2 years) exists for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), such as medication, simple possession, etc. (the scope of recommendations), shall be imposed (10 to 2 years).

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