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(영문) 서울중앙지방법원 2017.04.13 2017고단1368

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to six months of imprisonment and two years of suspended execution for a crime of violation of the Narcotics Control Act at the Seoul Eastern District Court on September 17, 2015, and the said judgment became final and conclusive on September 25, 2015 and is currently under suspended execution.

[Criminal facts]

1. On December 25, 2015, the Defendant committed a crime on December 25, 2015: (a) inserted approximately 0.05 grams in a single-use injection machine, which is a local mental medicine, in the Defendant’s dwelling located in the Sinh City C and 303, into the Defendant’s arms, and injected them into the Defendant’s arms by dilution with water.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

2. On July 2016, the Defendant committed a crime in the middle of July 2016, 2016, inserted approximately 0.05g of philopon into the Defendant’s arms by inserting it into a single diveter, from the mutual influence in the Namyang-si, Namyang-si.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

3. The Defendant, who committed a crime in November 2016, 2016, d or 102, d or flicked in coffee at the residence of the Defendant, located in Gangseo-gu Seoul Metropolitan Government D or 102, d or flick in a coffee.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Protocols of seizure and photographs of seized articles;

1. A statement on narcotics appraisal;

1. A previous conviction: Application of a written inquiry about criminal history and criminal investigation report (the confirmation date of a final judgment) Acts and subordinate statutes;

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 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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] aggravation area (one year to three years] [the person subject to special aggravated punishment] and the previous offense and the suspended execution (the period of three years or less).