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(영문) 서울중앙지방법원 2016.09.29 2016고단5408

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 history] The Defendant was sentenced to the suspension of the execution of eight months of imprisonment for a violation of the Narcotics Control Act in the Support of the Incheon District Court on September 18, 2015, and the said judgment became final and conclusive on September 26, 2015 and is currently in the grace period.

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Metropha (the Mesophopopopopon; hereinafter referred to as “phiopopon”) of a local mental medicine as follows:

1. On July 28, 2016, around July 28, 2016, the Defendant administered a philopon in a manner of injecting approximately 0.05 gramopon into a single-use injection machine, dilution with water, around July 28, 2016. < Amended by Presidential Decree No. 27405, Jul. 28, 2016>

2. On July 30, 2016, the Defendant administered a philopon in a way that, around 19:00, around July 30, 2016, the Defendant injected approximately 0.05 gramlopon into a single-use injection machine, dilution with water, and in injection with his/her own arms.

3. On August 1, 2016, around August 1, 2016, the Defendant administered a phiphone in a manner of injecting 1102 gramopon in Seocho-gu Seoul Metropolitan Government, inserting approximately 0.05 gramopon into a disposable injection machine, dilution it with water, and injection into his own arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (related to medication itself, CCTV investigation, and response to requests for appraisal);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (prior convictions and reports on probation) statute;

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 a sentence to imprisonment;

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 recommending punishment] Aggravation (one year to three years) [the person subject to special aggravated punishment] the previous conviction (a suspended sentence for not less than three years) and the defendant's suspended sentence due to the same kind of crime.