beta
(영문) 의정부지방법원 2016.10.21 2016고단3173

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for four months.

15,000 won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

[criminal power] On March 18, 2015, the Defendant was sentenced to imprisonment with prison labor for 10 months for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Northern District Court on November 23, 2015, and completed the execution of imprisonment with prison labor at the Cheongju Prison on November 23, 2015, and on June 10, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for the same crime at the Cheongju District Court on June 10, 2016, and the judgment became final and conclusive

【Criminal Facts】

The defendant is not a person handling narcotics.

On February 21, 2016, the Defendant injected and provided psychotropic drugs to D by inserting approximately 0.05g of psychotropic drugs, respectively, in the “Cn” in Dongjak-gu Seoul Metropolitan Government on February 21, 2016, in two single-use injection devices, respectively, by inserting approximately 0.05g of psychotropic drugs, and inserting a single-use injection device into his own arms, and giving the remainder of the single-use injection devices free of charge to D.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. Statement by the prosecution concerning D;

1. Investigative reports (Attachment of D judgments, etc. for reference), investigative reports (Attachment to monthly trends in narcotics, etc.), investigative reports (calculated additionally);

1. Written response to the request for appraisal;

1. Previous records: Inquiry into data about criminal records and investigation records, reports on criminal investigations (Attachment to decisions of suspects and decisions of non-prosecutions for witnesses), reports on criminal investigations (Attachment to decisions of suspects), application of final and conclusive judgments to Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc.

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Grounds for calculation of the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: 115,00 won = The amount additionally collected in relation to the medication of philophones as indicated in the judgment; and