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(영문) 서울남부지방법원 2016.04.20 2016고단279

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, but a person handling narcotics, and is not a person handling narcotics, shall not administer a crophograph (one philophone, and hereinafter referred to as "philophone").

1. From March 2013 to April 4, 2013, the Defendant injected approximately 0.1g of philopon into a single-use injection machine at her mother telephone in Seo-gu Incheon, Seo-gu, Seo-gu, where the trade name and heading room in the D following telephones located in Seo-gu, Seo-gu, Incheon, and then melted the water into the next arms.

2. Around January 18, 2016, the Defendant: (a) inserted approximately 0.1g of phiphones into a disposable injection machine at the Defendant’s residence of Geumcheon-gu Seoul, Geumcheon-gu, Seoul; and (b) injected them into the arms after melting them in the water.

Summary of Evidence

1. Statement by the defendant in court;

1. Verification as to whether a case involving the DNA consent is dealt with;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the preparation of a sentence is made, and the selection of imprisonment for a crime;

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

1. Scope of the recommended sentence according to the standards for handling multiple crimes: From October to two years (the group of narcotics crimes, medication, simple possession, etc., the class 3 (b) and the basic area; c) of imprisonment with prison labor for each crime of violation of the Act on the Control of Narcotics, Etc. on the Sentencing Criteria: From October to three years;

2. Narcotics crimes, such as the instant crime of which sentence is determined, are very serious crimes that destroy the family and society as well as the criminal himself/herself, and cause other crimes.

Even though the defendant had been punished three times for the same crime, the defendant committed each of the crimes of this case.

It is inevitable to strictly punish the defendant.

There are also circumstances favorable to the defendant, such as the fact that the defendant was administered simply, that the error was recognized, and that the defendant was divided, and that cooperation was cooperation in the investigation related to narcotics.