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(영문) 수원지방법원 평택지원 2019.09.10 2019고단1159
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 2 and 4 shall be confiscated, respectively.

50,000 won from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Sale and purchase of phiphones;

A. On June 12, 2019, at around 21:35, the Defendant purchased and sold phiphones by receiving one injection device containing approximately 0.7g of philopon from C Station located in Gwanak-gu, Seoul Special Metropolitan City, and delivering 400,000 won in cash to D.

2. Medication of phiphones.

A. On September 5, 2018, the Defendant, along with G in Nowon-gu in Seoul Special Metropolitan City, injected 0.1g philopon into a injection machine and dilution with water.

B. The Defendant from around July 22, 2019

7. By the end of 23.2, in a way of inserting approximately 0.05g philopon into a injection machine and dilution with water into the arms, the H building I was administered.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Seized articles and photographs;

1. Records and lists of police seizure;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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

1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. In full view of the favorable circumstances, such as: (a) Article 48(1)2 and (2) of the Criminal Act; (b) Article 67 of the Act on the Control of Narcotics, Etc. and the fact that all of the instant crimes were led to the confession and reflection thereof; and (c) the fact that the instant crimes were committed again despite having been punished for the same kind of crime several times

In addition to these circumstances, the sentence is determined as ordered in consideration of all the sentencing conditions as shown in the argument of this case.

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