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(영문) 수원지방법원 안산지원 2018.05.01 2017고단3405

마약류관리에관한법률위반(향정)

Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On March 24, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Narcotics Control Act at the Changwon District Court on August 24, 2015. On September 3, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Narcotics Control Act at the Changwon District Court on September 3, 2015. On October 7, 2016, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Narcotics Control Act at the Changwon District Court on March 15, 2017, and the said suspended sentence became final and conclusive on March 15, 2017.

Criminal facts

The defendant is not a person dealing with narcotics, and shall not handle Mephophones (one philopon), which is a local mental medicine.

On February 2, 2016, the Defendant: (a) put about approximately one part of the Meart cud 201 in a disposable cudio; (b) made water-dilution; and (c) provided influencing D’s arms injection to D’s blood cells.

Summary of Evidence

1. The witness D’s legal statement (this case’s witness D is punished, and in light of the relationship between the witness and the defendant, contents of the meeting record, etc., the defendant’s assertion that the witness’s statement is not sufficient to provide the witness with the Mepter because the credibility of the witness’s statement is recognized, cannot be accepted)

1. A protocol concerning the examination of suspects of D by the prosecution;

1. A statement of investigation report (to attach DNA rulings to accomplices in writing or cellphone medication), recording of meetings;

1. Investigation report (verification of the details of meetings of suspects and accomplices related to the facts of crime);

1. A report on investigation (time during which it is possible to appraise whether a merpt is administered or not) and a report on an investigation (calculated additionally);

1. Previous convictions: Application of the results of inquiry, such as criminal history, and the Acts and subordinate statutes of report on investigation;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. There are criminal records of the same kind of reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.