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(영문) 서울서부지방법원 2020.05.20 2020고단790
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

According to the qualification for visa exemption, the Defendant was an alien of Thailand nationality who entered the Republic of Korea and whose current period of stay expires, and was treated as a penphone as follows, notwithstanding the fact that the Defendant is not a person dealing with narcotics, etc. who can handle psychotropic drugs, such as psychotropic drugs (i.e., a “phiphone”; hereinafter referred to as “phiphonephone”).

1. On January 20, 2020, the Defendant: (a) on the early January 2020, 2020, injected philophone medication: (b) on the hotel in the vicinity of the entrance station in Gangnam-gu, Seoul, the Seocho-gu, Seoul, the Defendant injected one of the following self-sponsors (hereinafter “B”) by dividing the non-sponsed volume of philophones possessed by the Defendant into two for a single-use injection machine; and (c) on the one hand, the Defendant injected one of them into one.

Accordingly, the Defendant conspiredd with the person with no name, and administered philophones.

2. Around March 9, 2020, the Defendant, on March 9, 2020, injected one of the two disposable injection devices, which contain phiphone incopon in Mapo-gu Seoul Metropolitan Government C Hotel D and from the above-mentioned person (hereinafter “B”), was injected into the following arms, around March 9, 2020:

Accordingly, the Defendant conspiredd with the person with no name, and administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police seizure record and the list of seizure;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos. 17 and 18);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, the choice of imprisonment with labor, and the choice of punishment for the 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 crime of narcotics for the reason of sentencing under Article 67 of the Act on the Management of Narcotics, etc. subject to the Confiscation and Collection should be punished strictly because the strong addiction and the ensuing personal and social harm are very serious.

However, the fact that the defendant is attempting to commit a crime, the fact that the defendant voluntarily surrenders, and other defendants.

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