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(영문) 서울동부지방법원 2019.07.18 2019고단1263
마약류관리에관한법률위반(향정)
Text

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

500,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On September 2018, the Defendant administered a drug with approximately 0.03g of psychotropic drugs contained in the disposable injection machine (hereinafter referred to as “clophone”) in the middle of the “C building” located in Seongdong-gu Seoul, Seongdong-gu, Seoul, by dilution with water and injection into the arms.

2. On January 1, 2019, the Defendant injected approximately 0.03 g of philophones contained in the disposable injection machine with water at the same place as that of paragraph 1, and administered them in a way of injecting them into arms.

3. On April 8, 2019, the Defendant administered the c building D, a residence of the Defendant located in Seongdong-gu Seoul Metropolitan Government, in a way of dilution with water approximately 0.03g of philophones contained in the disposable injection machine, and injection with water.

4. Around April 15, 2019, at the same place as Paragraph 3, the Defendant administered 0.03g of philophones containing a disposable injection machine with water and in a way of injecting them into arms.

5. On April 17, 2019, at the same place as Paragraph 3, the Defendant administered 0.03g of philophones containing a disposable injection machine with water and in a way of injecting them into arms.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to response to the request for appraisal (2019-H-763);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the Establishment of Relevant Acts and the elective Punishment for Crimes;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. A normal condition unfavorable to the reason for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant has a record of being punished for the same kind of crime on or around 2006, and the frequency of medication is more favorable: The defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime are shown in arguments.

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