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(영문) 서울북부지방법원 2018.04.11 2018고단68

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 14, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the District Court for the Defendant’s District Court on April 14, 2015, and completed the execution of the sentence at the Council’s prison on July 21, 2015.

Defendant is not a narcotics handler.

1. On December 26, 2017, at around 21:00, the Defendant received approximately 0.07g of the mematic drugs, which are local mental drugs contained in D, in a single-use injection device, from the Defendant’s office located in Seoul Central-gu, Seoul. (hereinafter “philopon”).

Accordingly, the defendant accepted a local mental medicine.

2. Medication of psychotropic drugs;

A. On December 26, 2017, at around 23:10, the Defendant injected approximately 0.03g of philophones received from places described in paragraph (1), as described in paragraph (1), with bio-phones, and injected them into the right arms of the Defendant’s right.

B. On December 26, 2017, at around 23:30 on December 26, 2017, the Defendant injected approximately 0.04g of philophone into a fresh water from 705 Macher in Seoul, Jung-gu E, and then injected to the right hand of the part of the single-use proprietor.

Accordingly, the defendant administered a local mental medicine twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Investigation report (verification of CCTV which is a place where a person under consideration dipulphones are administered);

1. Investigation report (verification of the results of appraisal of narcotics for suspect hair);

1. Investigation report (calculated as a suspect A additional collection charge);

1. Previous convictions in judgment: References to inquiries, investigation reports (Attachment of judgment and written confirmations), application of Acts and subordinate statutes on the personal accommodation status;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Three types of crimes for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), medication, simple possession, etc.