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(영문) 수원지방법원 2016.02.17 2015고단6156

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence of heading 1 through 5 shall be confiscated.

Reasons

Punishment of the crime

1. On September 17, 2014, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on February 19, 2015.

2. Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Mepter (one philopon; hereinafter “philopon”) as follows.

A. On July 2015, the Defendant received Handphones from a police officer on July 2015, 2015, at the trade influorial telephone room located in Pyeongtaek-si 14:00 on July 1, 2015, at around 14:00, he received a disposable injection device from C free of charge containing approximately 0.1g of phiphones.

B. On December 5, 2015, at around 11:30 on December 5, 2015, the Defendant: (a) included approximately 0.05 grams in a single-use injection device; (b) recorded water in a single-use injection device; and (c) injected it into the Defendant’s arms bloodline.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect C by the prosecution;

1. Seizure records;

1. Notification of the results of each legal chemical appraisal and appraisal report;

1. A report on investigation (report on the calculation of an additional collection charge);

1. Previous convictions: Application of the Act and subordinate statutes on Criminal Reporting (Confirmation of the date of release), such as inquiry into criminal history records;

1. Selection of any type of crime under Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on the Management of Narcotics, Etc.;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Application of the sentencing criteria [the types of decisions] The area of aggravated punishment (one year to three years) (the scope of recommended punishment) for Class 3 (b) and (c) [Special Aggravationd Persons] previous convictions (not more than three years of suspended execution) of the same kind of punishment;

2. The crime of this case is committed during the period of repeated crime to be sentenced.