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(영문) 서울남부지방법원 2016.08.10 2016고단2996

마약류관리에관한법률위반(향정)

Text

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

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On April 5, 201, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended sentence for a violation of the Narcotics Control Act at the Seoul Central District Court on April 5, 2011, and was sentenced to 6 months of imprisonment with prison labor for a violation of the Road Traffic Act at the Seoul Southern District Court on August 3, 2012, and the said judgment became final and conclusive on November 1, 2012, and completed the execution of the said sentence on November 27, 2013.

[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Meart cloptopy, which is a psychotropic medicine, as follows.

1. On March 2016, the Defendant: (a) inserted approximately 0.05g oponon in a single-use injection machine at the office of the Defendant, Yeongdeungpo-gu Seoul Metropolitan Government Building C, 714; and (b) injected one-time “D” in a way that allows the Defendant to injection into the Defendant’s arms.

2. On March 2016, the Defendant: (a) inserted approximately 0.05g oponon in a disposable injection machine at the office of the Defendant, Yeongdeungpo-gu Seoul Metropolitan Government Building C, 714; and (b) injected one by means of having the Defendant injection into the Defendant’s arms.

3. On April 5, 2016, the Defendant inserted approximately 0.05 grams in a single-use 204gopon in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, in a single-use injection instrument, and dilutiond with bio-waterways, and then ordered “D” to injection in the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports (192 pages of investigation records)-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. Grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.