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(영문) 청주지방법원 2019.10.16 2019고단1642
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

300,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On September 9, 2016, the Defendant was sentenced to one year and two months as a crime of violating the Act on the Control of Narcotics, etc. in the Cheongju District Court’s Chungcheong Branch on September 9, 2016 and completed the execution of the sentence in the official prison on August 2, 2017, and is not a person handling narcotics.

1. Around 23:00 on June 20, 2019, the Defendant used a philopon by having D 0.01g of the philopon, which is a psychotropic drug, run in the “C” page of the Defendant’s operation in Chungcheong-si B, on the ground that D, an employee, is difficult to avoid, and between D and D’s transfer to customers, the Defendant used a philopon by having D with approximately 0.01g of the philopon, which is a psychotropic drug, put in place.

2. Medication of phiphones.

A. At around 02:00 on July 31, 2019, the Defendant administered psychotropic drugs, in a way that dacthophones are dilutiond with water and injects them into the bloodline of left arms.

B. At around 02:00 on August 4, 2019, the Defendant administered psychotropic drugs in a way that dialphones are dilution with water and injects them into the bloodline of the left arms by using injection equipment at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Simplified test report, each narcotics appraisal report, each seizure record, each seizure list, and a list of the prices of narcotics, etc.;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, written judgments and personal confinement;

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. (the psychotropic drug medication and use, and the choice of imprisonment, respectively) concerning the relevant criminal facts and the selection of punishment;

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

1. A prosecutor under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. seeks to confiscate a certificate No. 1 (Carryingphone), but subparagraph 1 of the certificate is not a thing used to commit the crime in this case, and the narcotics provided in this case cannot be confiscated due to their use, so the equivalent of the value shall be collected additionally

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