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(영문) 인천지방법원 부천지원 2019.06.13 2019고단960
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person other than a person handling narcotics shall receive or administer psychotropic drugs, and the defendant is not a person handling narcotics.

1. On November 20, 2018, the Defendant received, without compensation, the unexploited volume of psychotropic drugs from the post-exploited psychotropic drugs (one philopon; hereinafter referred to as “philopon”) in the C Station No. B adjacent to the C Station in Bupyeong-si, Seocheon-si, 2018.

2. On November 20, 2018, the Defendant: (a) inserted approximately 0.03g of penphonephones received from the Defendant of the D Building E at night in a single-use injection machine; (b) injected them into the left part of blood transfusion, as described in paragraph (1); and (c) injected them in a way of injecting them into the left part of blood transfusion.

3. On November 24, 2018, the Defendant: (a) inserted approximately 0.03g of philophones received from a place as described in paragraph (2), as described in paragraph (1), into a single-use injection instrument; (b) added them into a single-use injection instrument; and (c) injected them into the left part of blood, in a way of injecting them.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to field photographs, and written appraisal of narcotics;

1. Article 60 of the Act on the Control of Narcotics, Etc. and the Selection of Punishment, Etc., stated in the written indictment under Article 61(1)2 of the Act on the Control of Narcotics, Etc., but it is obvious that the written indictment is a clerical error compared to the content of the facts charged, and thus, it does not interfere with the defendant’s exercise of his/her right to defense

Paragraph (1) 2, Article 4(1), Article 2 subparag. 3(b), and each choice of imprisonment

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant mistakenly recognized and reflecteds the fact that the defendant voluntarily surrenders to the investigative agency and investigated the fact that the drug was administered, and the frequency of medication is two times.

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