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(영문) 서울중앙지방법원 2016.04.21 2016고단484

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 record] On October 24, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on one year and eight months, and completed the execution of the sentence on October 18, 2014.

[2] Although the Defendant did not have a license to handle narcotics, the Defendant dealt with the following Mept clocks (one philopon, hereinafter referred to as “philopon”).

1. On October 12, 2015, the Defendant, around October 12, 2015, administered 0.07 grams in a single-use injection machine with approximately KRW 0.07g of 1.4 grams purchased from Gangnam-gu Seoul Metropolitan Government around October 12, 2015, and with approximately KRW 705,00 in cash from D around October 12, 2015.

2. On October 22, 2015, the Defendant: (a) around October 22, 2015, administered the philophone medication by inserting approximately 0.07 gramopon into a single-use injection machine with Gangnam-gu Seoul Metropolitan Government E 106 Dong 403; and (b) dilution with female-friendly job offers F; and (c) administering it in a way of injecting it into his arms.

3. On January 21, 2016, the Defendant administered a philopon medication in a 605-dong toilet located in H Hospital G G from January 21, 2016 to a 605-dong toilet located in Gyeongnam-gun, and a 0.03-groopon medication in a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Each investigation report (Submission of photographs, such as a one-time divers and divers, and replys with the accused's divers and the results of appraisal);

1. Written expert opinion, narcotic appraisal report;

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes as a result of prisoners search;

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 imprisonment for a definite term, and the selection of imprisonment for a definite term;

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommended punishment), medication, simple possession, etc. (the period between October and two years).