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(영문) 춘천지방법원 속초지원 2017.05.17 2017고단17

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Chuncheon District Court on March 31, 2016 and two years of suspended execution, and the said judgment was rendered for the same year.

7. It was finalized on 28.

Defendant is not a narcotics handler.

Nevertheless, the defendant administered the Mept Mepta three times in total as follows.

1. On November 8, 2014, from around 15:00 to around 11:00 of the same month, the Defendant, using a disposable injection device from 504 Monozze 504 to 11:00 of Gangwon-gun, divers in Gangwon-gun C, put into water, divers and divers into water, divers, a local mental medicine, and dilution with water, and administered them for arms.

2. On November 8, 2014, from around 15:00 to around 11:00 of the same month, the Defendant used a disposable injection device from around 504 to around 11:00 of the same month to administer the Mepta in the above manner.

3. On November 8, 2014, from around 15:00 to around 11:00 of the same month, the Defendant used a disposable injection device from around 504 to around 11:00 of the same month to administer the Mepta in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of appraisal, notification of the results of appraisal of narcotics, etc., notification of the results of verification of identity of the DNA, and notification of the results of search of database data;

1. A report on investigation (collection of intelligence, attachment of seized objects to photographs, confirmation of the market price of narcotics, and calculation of additional charges);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire into criminal history and report on investigation (verification of the method of administering suspect phiphones or cellphones);

1. Relevant Article of the Act on the Management of Narcotics, etc. for which the relevant provision of the same Act and Article 60 (1) 2 of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Articles 4 (1) 1 and 2 subparagraph 3 (b) and each fine for the crime;

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

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The defendant's reason for sentencing of Article 334 (1) of the Criminal Procedure Act is the same.