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(영문) 수원지방법원 안산지원 2019.06.27 2019고단1088
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 through 5 shall be confiscated, respectively.

2.5 million won from the defendant.

Reasons

Punishment of the crime

On April 21, 2017, the Defendant was sentenced to one year of imprisonment for fraudulent assistance, etc. by the Incheon District Court on April 21, 2017, and completed the execution of the sentence in the astronomical Prison on April 20, 2018.

Criminal facts

Defendant is not a narcotics handler.

1. Violation of the Act on the Control of Narcotics, etc. (flavotion) - The Defendant, from around 18:12 to 20:31 on February 9, 2019, received 2.4 million won from D in the middle-gu Incheon Metropolitan City Era in the name of the purchase price for philopon and received 2.4 million won as the purchase price for philopon from D before C in the Jung-gu Incheon Metropolitan City, and assisted the purchase of philopon by issuing F with the volume of philopon and delivering it to the said D.

2. Violation of the Act on the Control of Narcotics, etc. - The Defendant, at around 18:00 on February 28, 2019, administered the medication by inserting approximately 0.03g of opononon in a one-time Emblet G in Jung-gu Incheon, Jung-gu, Incheon, and dilution with water to the Defendant’s right morm.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning suspect examination of D; and

1. Records of seizure and the list of seizure;

1. Written explanation of the prosecution, written explanation of the prosecution, and written explanation of the prosecution;

1. Details of suspect mobile phone calls;

1. Previouss before judgment: Application of criminal records, inquiry reports, investigation reports (reports prior to and after the disposition), and Acts and subordinate statutes;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the provision of scopon medication and the provision of good offices for purchase and sale of scopon, and the selection of imprisonment) concerning

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items (c) and (c).

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