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(영문) 수원지방법원 평택지원 2016.03.09 2016고단167
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

No. 1 or 2 shall be confiscated from the accused.

from the defendant 1,00.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. From July 2015 to August 2015, at the office of E located in Pyeongtaek-si in Gyeonggi-do, the Defendant received meopopon using approximately 0.05 grams of Mespopopon (one phiopon; hereinafter referred to as “phiopon”) which is a local mental medicine medicine from the above E without compensation.

2. The Defendant injected approximately 0.05 gramopon into a single-use injection machine at the time and place referred to in paragraph 1, and melted with water, and injected into the subsequent arms.

3. On December 11, 2015, the Defendant purchased approximately KRW 500,000 in cash to H and approximately KRW 0.7 gramphones on the G road located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

4. On January 23, 2016, at around 19:00, the Defendant injected approximately 0.1g of philopon into a single-use injection machine, and melted them into the following arms.

5. On January 24, 2016, the Defendant injected approximately 0.1g of phiphonephones into a single-use injection machine at a place set forth in paragraph (4) around 12:00, and injected them into the following arms with water.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement protocol by the police for E;

1. An investigation report prepared by the prosecutor (the calculation report of additional collection charges);

1. Police seizure records;

1. Each response to a request for appraisal;

1. Application of each existing statute referred to in subparagraphs 1 and 2 of this paragraph;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (1,00,000 won per 0.03g, 00,000 won per 0.03g, issued and administered for administration); and

1. The scope of punishment: Imprisonment with prison labor for not more than 15 years;

1. Determination of types: Three types, such as medication, simple possession, etc.;

1. Special sentencing factors: important.

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