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(영문) 서울동부지방법원 2016.11.02 2016고단3111

마약류관리에관한법률위반(향정)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

(i) 0.1g volume was put in a disposable injection and dilution with bio-biologicals, and administered in such a way as to injectings;

B. On June 22, 2016, the Defendant is the Defendant at the I Party Hospital in Gwanak-gu, Seoul Special Metropolitan City.

As stated in paragraph 1, the remaining 0.1g Mesamins after medication were put into a disposable injection machine, dilutiond with bio-ves, and administered them by means of infecting mesa.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Copies of each police interrogation protocol against J and H;

1. Each police statement to J and E;

1. The criminal place and each investigation report;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a written confirmation of urine examination, response examination by an AC examiner, request for appraisal, and request for appraisal;

1. Articles 60 (1) 2, 4 (1), 60 (1) 2, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc., of Specific Crimes: (a) and Article 2 of the relevant Act on the Control of Narcotics, etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The area ( June-16 months) subject to mitigation of types 3 (flags, items (b) and (c)), such as medication, simple possession, etc.;

2. Persons subject to special mitigation in the mitigation area ( August-1 and June), both types 2 (mariana, native (b), items (c), etc.) and the mitigation area ( August-1): Cooperation in important investigation : The scope of final sentence due to the aggravation of multiple offenses * The final sentence according to the aggravation of multiple offenses : August-3 (decision of sentence) and administered two times in August-3, 199, and the Defendant has already been punished several times (including once of the actual sentence).

However, since 199, it is decided as ordered in consideration of all kinds of sentencing conditions, such as the fact that there is no record of fine more severe punishment, the fact that there is no record of the same crime, the fact that the provider has actively treated with the intention of treatment, the cooperation in the arrest of the provider, and the age of the defendant.