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(영문) 서울남부지방법원 2018.02.21 2016고단4678

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

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

As to the defendant.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Southern District Court on October 17, 2013, and on October 3, 2015, was not a person who completed the execution of the sentence at the Chuncheon Prison on October 3, 2015, nor a person who handles narcotics.

On September 25, 2016, the Defendant administered philophones in the office located in Geumcheon-gu Seoul Metropolitan Government, using approximately 0.06g of Melopon (one philopon; hereinafter referred to as “philopon”), a local mental medicine, in a way of sending it to cans. 0.06g of Melopon.

"2017 Highest 4935"

1. On August 17, 2017, the Defendant administered philophones in a way that scopon 0.03gs from the toilets of the human resources office of Geumcheon-gu Seoul Metropolitan Government and the second floor of Geumcheon-gu to the coffee.

2. On August 23, 2017, the Defendant: (a) around 16:35 on August 23, 2017, the Defendant: (b) placed a wall containing approximately 0.01g of philopon in front of Geumcheon-gu Seoul Metropolitan Government D; and (c) carried a philopon.

Summary of Evidence

"2016 Highest 4678"

1. Statement of the defendant in the first trial record;

1. "Written response to a request for appraisal" 2017 Highest 4935;

1. The defendant's legal statement (as at the trial date in the nine-time trial);

1. Police seizure records and list of seizure (75-76 pages of the investigation records);

1. The appraisal report on narcotics and the appraisal report on narcotics before judgment;

1. Inquiry about criminal history;

1. Application of Acts and subordinate statutes concerning personal confinement;

1. Article 60(1)2, Article 4(1)1, and subparagraph 3(b) of Article 2 of the Act on the Control of Narcotics, Etc. concerning facts constituting an offense

1. Imprisonment with prison labor chosen;

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. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection

1. In addition, there are many criminal records of the same kind in the sentencing of Article 334(1) of the Criminal Procedure Act, and even if one year has not elapsed since the completion of the execution of imprisonment with prison labor as stated in the judgment, 2016 order 4678 order 2016 order 16 order 4678 order.