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(영문) 수원지방법원 성남지원 2017.10.18 2017고단2500
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

No. 1 or 2 of the evidence seized by the defendant shall be confiscated.

from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 2017, the Defendant received approximately 0.7g g of Mesophical drugs (one philopon; hereinafter referred to as “philopon”) from a person who is not his/her name before his/her trade name-free adult product stores located in Young-si Suwon-si District C, for free, in front of his/her name-free adult product stores.

2. On June 7, 2017, around 11:00, the Defendant administered approximately 0.05 g of philopon at the Defendant’s lodging room located in the Gudio 203, Glopon-gun, Glopon-on-copon-copon-coping in water.

3. On August 31, 2017, around 04:00, the Defendant injected approximately 0.05g of philophonephones E and 6’Fel’s 19 “Felon” into a single-use injection machine by dilutioning 0.05g of philophones into a single-use injection machine, and administered them in a single-use medication.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (as to the time of receiving and administering philophones)

1. Results of appraisal by a State or a veterinary appraisal report, or by a State or a veterinary appraisal;

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

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., 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 with prison labor for a crime;

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of a recommended sentence] medication, simple possession, etc., of the types No. 3 [the person subject to special mitigation] [the decision of sentence] of self-denunciation [the person subject to special mitigation] in the mitigation area ( June to one year and six months] [the decision of sentence] of the crime related to narcotics needs not only to avoid the body and mind of an individual due to their decilability, toxicity, etc., but also to severely punish the crimes of this case because there is a high risk of undermining the health and social safety of the people. Each of the crimes of this case is that the defendant received a phiphonephone and administered a phiphonephone and administered a phiphone on two occasions, and the defendant has a heavy criminal liability, and that there are three times the same criminal records in the same kind of crimes are disadvantageous to the defendant.

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