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(영문) 수원지방법원 2016.06.30 2016고단2603
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Even if the Defendant is not a narcotics handler, the Defendant administered the Metropha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On February 2, 2016, the Defendant: (a) injectedd approximately 0.03g of philophones into the Defendant’s arms in a “D” room, which is a computer operated by the Defendant in Nam-gu, Incheon, Nam-gu, Incheon, at around 19:00; and (b) injected them into the Defendant’s arms blood transfusion using a single-use injection device.

2. On May 1, 2016, the Defendant, on May 1, 2016, administered approximately 0.03g of philopon in the same place as paragraph (1) at around 19:00, in a way that the Defendant injecteds approximately 0.03g of philopon into the Defendant’s arms in a way of injecting them using a disposable injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of the results of appraisal by the National Institute of Scientific Investigation) and a report on investigation (a response to results of appraisal by the National Institute of Scientific Investigation)

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 Punishment (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. Article 62 (1) of the Criminal Act (including the fact that his/her mistake is recognized and reflected, the fact that he/she cooperates in the investigation and arrest of merchant ships and narcotics offenders, and the fact that social ties are good);

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. Crimes No. 1 in the sentencing guidelines set forth in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] 3 types in the area of mitigation (6 months to 1 year and 6 months), such as medication, simple possession, etc. (the scope of the recommended punishment) (the person subject to special mitigation) 2 crimes in the area of mitigation (the scope of the recommended punishment ] 3 types in the area of mitigation (6 months to 1 year and 6 months) (the person subject to special mitigation) / [the person subject to special mitigation] in the area of mitigation (6 months to 1 year and 6 months).

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