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(영문) 의정부지방법원 2017.01.13 2016고단5322

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

[criminal history] On March 16, 2015, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Jung-gu District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., on October 2, 2015, and was sentenced to six months of imprisonment with labor for the same crime in the Jeju District Court's original state branch on October 2, 2015, and completed the execution of imprisonment with labor at the Daejeon Prison on July 16, 2016.

[Criminal facts] The Defendant is not a narcotics handler

1. On November 201, 2016, the Defendant: (a) executed a psychotropic medicine by inserting approximately 0.05g of the Mesophical clopon, which was parked on the alleyway near the entrance, located in Seongbuk-gu, Sungnam-si; and (b) inserting approximately 0.05g of the Mepopon, a local mental medicine, into a single-use injection machine, and dilution with water, into the Defendant’s arms bloodline.

2. On December 3, 2016, the Defendant administered a local mental medicine by inserting approximately 0.05 gopon into the Defendant’s house at 108 Dongi-si, 1808, and 1808 gopon into a single-use injection machine, and dilution with water into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Police seizure records;

1. A criminal investigation report (a monthly trend of narcotics), a criminal investigation report (a criminal investigation into a response to a request for appraisal), a criminal investigation report (a wire confirmed as a result of a maternity appraisal), and a criminal investigation report (calculated additionally);

1. Response to a request for appraisal;

1. A photograph of sliding dys on the skin's left arms;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history records, and application of Acts and subordinate statutes on investigation reports (the date of release);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes 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 for Punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (the basis for calculation: 200,000 won = 2 times for scopon medication x 10,000 won per time);

1. The Criminal Procedure Act of the Provisional Payment Order.