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(영문) 서울남부지방법원 2016.06.29 2016고단1473
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 25, 2015, the Defendant injected a disposable injection device with approximately 0.1g of Metepopa (copon; hereinafter referred to as coponon), which is a medicine for fluoric health, located in Guro-gu Seoul Metropolitan Government, with D around July 25, 2015, into the Defendant’s arms bloodline, and injected the 0.1g of phiopon into the Defendant’s arms bloodline, as the Defendant was unable to properly injection the 0.1g of phiopon into his arms, and directly injected the phiopon by being injected into the bloodline, such as D’s hand, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of monetary details (D) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, Article 30 of the Act on the Selection and Management of Narcotics, etc. for Criminal Facts, and Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. From 10 months to 2 years (the basic area of subparagraph 3 (b), including medication and simple possession, etc.) of imprisonment with prison labor on the sentencing criteria;

2. Narcotics-related crimes are crimes that have to be eradicated as serious crimes that cause other crimes by destroying not only the offender himself but also the family and society.

However, in light of the fact that the defendant was subject to simple medication, and the mistake is divided, the voice reaction of phiphonephones occurs from the evaluation results of the urine and maternity, it seems that it is not a addiction state, there is no previous conviction, and there is no other criminal record except punishment imposed once due to the violation of the Road Traffic Act, the punishment shall be determined like the order, considering the fact that there is no other criminal record.

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