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(영문) 수원지방법원 평택지원 2018.01.03 2017고단2333
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On October 1, 2017, the Defendant provided 0.1g of the Act on the Control of Narcotics, Etc. due to the provision of philophones to D free of charge, at the fixed door of the Dong-gu Seoul apartment complex in Jung-gu, U.S., U.S., U.S. (hereinafter referred to as “one-name philophone”; hereinafter referred to as “philophones”).

2. Violation of the Act on the Control of Narcotics, etc. Due to the administration of phiphones.

A. On July 2017, the Defendant administered one time by melting approximately 0.05g of the penphonephone into water with E at the dwelling of the Defendant, which was located in Goyang-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, 602-dong and 815.

B. On November 201, 2017, around 22:00, the Defendant 2-A, at the place indicated in the above paragraph 2-A., injected approximately 0.05g of philophones into a folder by dilution them into water and injected into the left stuff.

(c)

On November 14, 2017, at around 22:00, the Defendant 2-A, at the place indicated in the above paragraph 2-A., injected approximately 0.05 g of philophone into a dacter by dilution with water, and injected into the left wing beer.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. A protocol of seizure and a list of seizure;

1. Responses to the results of appraisal, such as injections, and replys on the results of maternity appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (within the scope of recommended sentencing criteria);

1. Application of the sentencing criteria;

(a) Class 1 crime (the scope of recommended punishment) is traded, arranged for sale, etc.;

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