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(영문) 서울중앙지방법원 2016.04.14 2016고단429

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From October 25, 2015 to November 3, 2015, the Defendant administered approximately 0.03 g of a single mecopic caton (one philophone), one caton, a local mental medicine, in a non-fluoral area (hereinafter referred to as the “Mecopon”), or in a non-fluoral area (hereinafter referred to as the “Seoul”).

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Investigative request, notification of the results of legal and chemical appraisal, personal entry or departure status, and narcotic appraisal report;

1. A report on investigation (the attachment of a thesis relating to the period during which a person engaged in medication can appraise his/her cases) and documents attached thereto;

1. Reporting on investigation (calculated additional charges) and the application of Acts and subordinate statutes attached thereto;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the sentencing guidelines] 1 year to 3 years [the case where a person is subject to special aggravation [the case where a person is subject to the said special aggravation [the case where a person is subject to suspended sentence for not more than 3 years] / The sentence shall be determined as ordered in consideration of the following: (a) the crime where the person was prosecuted was sentenced to imprisonment with prison labor for not less than 1 year; (b) the person committed a crime during the suspended sentence due to the same kind of crime; (c) the person committed a crime during the suspended sentence period