beta
(영문) 서울북부지방법원 2018.11.02 2018고합186

마약류관리에관한법률위반(향정)등

Text

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

20,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Criminal facts

The facts of the cause of the medical care and custody [criminal records] Defendant and the person who filed for the medical care and custody (hereinafter referred to as “Defendant”) are sentenced to two years of imprisonment for a violation of the Narcotics Control Act at the Seoul Southern District Court on September 9, 2016 and completed the execution of the sentence on January 4, 2018, and have a total of 12 criminal records.

[Criminal facts] The Defendant is not a narcotics handler

1. The Defendant, around April 6, 2018, posted approximately 0.1g of Meptopopa (one philopopon; hereinafter referred to as “philopon”) that is a native mental medicine medicine received from C in the upper franc-dong, Jung-gu, Seoul, and injected them into the part of the Defendant’s arms by dilution with water.

Accordingly, the Defendant administered philophones.

2. The Defendant drank d around April 7, 2018 by inserting approximately 0.1g opopon into the body of the Defendant in Jung-gu Seoul, Jung-gu and d, and dilution with water.

Accordingly, the Defendant administered philophones.

[Fact of the cause of the medical care and custody] The Defendant is addicted to philophones, such as being punished as a crime of violation of the Narcotics Control Act (fluences) over 12 times from November 19, 193 to September 9, 2016, and there is a risk of recidivism in the event that the Defendant needs continuous medical treatment for a long time and fails to provide medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the response to the suspect's response to the results of the investigation by the National Institute of Scientific Investigation) and response to a request for appraisal;

1. Reports on internal investigation (the details of the receipt of the instant case and the specific circumstances of the suspect), and voluntary arrest of the victims of the instant case;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: A written reply to inquiries, such as criminal history, report on investigation (Attachment to suspect rulings, etc.);

1. As indicated in the judgment, the need for treatment, and the risk of recidivism: (a) the following circumstances revealed by the aforementioned evidence; (b) the Defendant committed a violation of the Narcotics Control Act from around 1993 to around 2016.