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(영문) 대구지방법원 포항지원 2016.09.08 2016고단900

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

400,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[criminal power] On June 10, 2009, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court, and completed the execution of the sentence on May 4, 2012.

On October 2, 2015, the Defendant was sentenced to imprisonment with prison labor and three years and five months for violating the Act on the Control of Narcotics, etc. at Seoul Northern District Court on October 2, 2015, and the said judgment became final and conclusive on December 10, 2015.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. Crimes on December 5, 2014

A. At around 11:00 on December 5, 2014, the Defendant injected approximately 0.03 g of psychotropic drugs, which are psychotropic drugs, in a single-use injection room, in which it is impossible to identify D hotel located in Gangnam-gu Seoul Metropolitan Government C, by means of dilution with raw water and injection into arms.

B. The Defendant above A.

At the time and place mentioned in paragraph (1), approximately 0.03g of philophones contained in a disposable injection machine were delivered to E without compensation.

2. A crime committed on January 2015.

A. On January 1, 2015, the Defendant administered approximately 0.03g of phiphonephones contained in a disposable injection machine at the residence of Gangnam-gu Seoul F building 402, Gangnam-gu, Seoul, by means of dilution with raw water and injection into arms.

B. The Defendant above A.

At the time and place mentioned in paragraph (1), approximately 0.03g of philophones contained in a disposable injection machine were delivered to E without compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E;

1. Requests for appraisal;

1. Previous records: Application of Acts and subordinate statutes to criminal history records, each investigation report ( current status of personal identification and acceptance; fixed date of judgment and report attached to Supreme Court rulings);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the pertinent law and the choice of a sentence are applicable to crimes, and choice of imprisonment;

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

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

1. From among concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are crimes and circumstances.