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(영문) 수원지방법원 2018.08.23 2018고정365

마약류관리에관한법률위반(향정)

Text

The defendant shall be exempted from punishment.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 8, 2018, the Defendant was sentenced to three years of imprisonment and additional collection of KRW 1,690,000 for a violation of the Narcotics Control Act at the Seoul High Court on February 8, 2018, and the said judgment became final and conclusive on June 11, 2018.

On February 28, 2017, the Defendant placed approximately 0.15g of Meppatop (i.e., one-time mental medicine) in a single-use injection machine, which was parked in the parking lot side B B of Suwon-gu, Suwon-si, Suwon-si, and administered the same by inserting approximately 0.15g of Meptopop (i.e., one-time mental medicine), in his/her arms, and in a dilution with water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A statement on narcotics appraisal;

1. A gene appraisal report;

1. Previous convictions: Inquiries of summary information of the case, the Suwon District Court 2017 High Court 435 High Court 2017 High Court 2017 High Court 3290 High Court 2017 High Court 2017 High Court 2018Do3486 Supreme Court 201 Decided

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes (excluding punishment)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exempted Criminal Act [the crime of this case is the same crime as the crime of violation of the Narcotics Control Act, for which the judgment has become final and conclusive, and the crime of purchasing phiphones around the date of the crime of this case ( February 28, 2017) is included in the final and conclusive judgment; the time when the defendant made a confession and made a statement after being examined as a suspect of the crime of this case on August 16, 2017; and the time when the defendant made a confession after being examined as a result of the crime of this case ( October 20, 2017) is earlier than the time when the judgment of the first instance of the final and conclusive judgment (the crime of this case was rendered simultaneously with the crime of this case at the same time as the crime of which the judgment became final and conclusive).]

1. The proviso to Article 67 of the Narcotics Control Act;