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(영문) 수원지방법원 2020.01.21 2019고단7092

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] On February 4, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on February 4, 2016 and completed the execution of the sentence in the Daegu Prison on December 13, 2016.

【Criminal Facts】

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related psychotropic drugs-related Mesofts (one philopon; hereinafter referred to as “philopon”).

1. On January 10, 2019, the Defendant purchased 200,000 won and approximately 0.5g gramphones contained in a single-use injection machine on the front of the “C” road located in Seodaemun-gu Seoul Metropolitan Government Seomun-gu, Seoul, and purchased D 200,000 won and 0.5g gramphones contained in a single-use injection machine.

2. Medication of phiphones.

A. On October 2019, the Defendant administered a philophone medication by inserting approximately 0.05 grams of philophones into drinking water from the mutual convenience store located in the establishment and operation of Dongdaemun-gu Seoul Metropolitan Government on October 1, 2019, among the first and second patrolmen, and by drinking them in drinking water.

B. On November 4, 2019, the Defendant administered philophone medication by inserting approximately 0.05 grams from toilets in the F history located in Dongdaemun-gu Seoul Metropolitan Government E on Nov. 4, 2019 in drinking water.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A narcotics appraisal statement;

1. A report on investigation (calculated additional charges);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, copies of written judgments and personal confinement 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., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Consideration of the crime of this case committed by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the defendant has been punished for the same crime, and that the defendant commits the crime of this case during the period of repeated crime;