logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2020.03.25 2020고단243
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

30,000 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

Defendant is not a narcotics handler.

1. Violation of the Act on the Control of Narcotics, etc. (fence) - On December 8, 2019, around 06:41, the Defendant: (a) received approximately 0.4g gram of Mepta (i.e., one philopon; hereinafter “philopon”); and (b) as a result, the “A” in the E indictment of E designated by D transferred KRW 300,000 to the “topphone account” account under the name of the Defendant, and purchased the philopon.

2. Violation of the Act on the Control of Narcotics, etc. (flavoon) - The Defendant administered a phiphone by inserting approximately 0.08g of phiphones purchased from D at the time and place specified in paragraph (1) in a single-use injection machine, dilution with water to inject them into arms.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement of D, and a copy of the police statement of D;

1. Data on CCTV in building B, and CCTV in a vehicle after a suspect leaves the house;

1. The response data (No. 9 of the evidence list);

1. Records of seizure, the list of seizure, and evidence of seizure;

1. Application of the statutes on response to requests for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) ( point of purchase and medication) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order calls for the defendant to cease narcotics, and expresses his/her will to assist his/her family members actively.

However, on November 21, 2018, the Defendant was subject to suspension of indictment on the condition of completion of the course of education due to the administration of phiphone, but was arrested on October 16, 2019.

Nevertheless, it is a crime that has been committed again because the defendant had been released for a long time.

arrow