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(영문) 수원지방법원 2019.10.25 2019고단4262
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On November 9, 2017, the Defendant was sentenced to one year and two months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on November 18, 2018 and completed the execution of the sentence at the Incheon Detention Center on November 18, 2018, and was not qualified for handling narcotics.

【Criminal Facts】

1. Medication of phiphones;

A. The Defendant, around July 31, 2019, inserted approximately 0.05 g of psychotropic drugs in the hotel B hotel C located in Gyeyang-gu Incheon Metropolitan City, a single-use injection instrument, in a approximately 0.05 g of psychotropic drugs (i.e., one philopon; hereinafter “philopon”), injectedd water into the arms, and administered philopon.

B. At around 14:00 to 15:00 on August 5, 2019, the Defendant, at the D office located in Gyeyang-gu Incheon Metropolitan City, put approximately 0.05g of philophones in a single-use injection machine, injected water into the arms, and injected philophones into the arms.

2. At around August 5, 2019, the Defendant, holding a phiphone, holding a phiphone by keeping a philophone with approximately 0.33 g of phiphones in a document room located in the said D office.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of seizure by the police (Evidence No. 1 and No. 2);

1. Ratification (two copies of a letter of request for appraisal and that of appraisal of narcotics);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to repeated crimes and copies of judgments related to the same kind of power);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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 Act on the Management of Confiscated Narcotics;

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 is that the defendant has been punished for the same offense several times.

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