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(영문) 서울북부지방법원 2019.06.19 2018고단3316
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Violation of the Act on the Control of Narcotics, etc. (flavoking) - Medication;

A. At around 19:00 on February 14, 2018, the Defendant injected approximately 0.04g of psychotropic drugs, psychotropic drugs, into a single-use injection machine, and injected them into the Defendant’s arms, in the house of the Defendant of Nowon-gu, Seoul Special Metropolitan City, Nowon-gu. B.

Accordingly, the Defendant administered philophones.

B. At around 19:00 on February 15, 2018, the Defendant injected approximately 0.04g philopon into a single-use injection machine, dilution it into the Defendant’s arms, in a member-gu Damo E guest room in Ansan-si, Gyeonggi-si, Gyeonggi-do.

Accordingly, the Defendant administered philophones.

2. Violation of the Act on the Control of Narcotics, etc. (flavoring) - The Defendant was in possession on February 16, 2018, posted approximately 0.06g of philopon into a single-time entertainment machine, and posted approximately 0.14g of 0.14g on the paper of the Chewing, on the table of each guest room.

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Written reply to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not only to avoid the body and mind of an individual, but also to severely punish a narcotics crime with a high risk of undermining national health and social safety.

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