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(영문) 수원지방법원 평택지원 2019.02.15 2018고단1940

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On March 31, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on July 11, 2016, and completed the execution of the sentence at the Seoul Detention Center.

【Criminal Facts】

1. On January 2017, 2017, the Defendant administered a Posman in the first place of residence of the D, which is located under the former apartment B apartment C, for the first time in Ansan-si, with approximately 0.05g of a single-use injection machine containing 0.05g of a single-use injection machine, and injected it into the pos. < Amended by Presidential Decree No. 20190, Jan. 1, 2017>

2. Around November 7, 2018, the Defendant administered, around November 7, 2018, 2018, in a toilet of the building on the spawn-dong, Songpa-gu, Seoul, in a single-use injection machine containing approximately 0.05 g of Metropis, in a single-use injection machine containing approximately 0.05 g of Metropis, and administered them by inserting them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. The police seizure record and the list of seizure;

1. Written appraisal of narcotics;

1. Details of each currency;

1. Each photograph;

1. Previous records of judgment: Application of the Acts and subordinate statutes to inquiry reports, investigation reports (the previous records of narcotics and attachment of judgments and repeated crimes, and confirmation thereof), and the current status of personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Selection of each sentence of imprisonment;

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

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

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics;

1. Scope of recommended sentences according to the sentencing criteria;

(a) The same criminal record (not more than a three-year suspended sentence) of the same kind in the area of aggravation (one-year period and three-year period), the area of aggravation (one-year period and three-year period), such as medication, simple possession, etc.;

(b) A previous criminal record of the same kind (not more than a three-year suspended sentence) in the area of aggravation (one-year period and three-year period) of Part III (one-year period and one-third years), such as medication, simple possession, etc.

(c) the final sentence scope resulting from the aggravation of multiple offenses: