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(영문) 서울동부지방법원 2018.03.30 2018고합22

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One divers (Evidence 1) that have been seized shall be confiscated.

Reasons

Criminal facts

The facts constituting the cause of the medical care and custody [criminal records] Defendant and the person applying for the medical care and custody (hereinafter referred to as “Defendant”) were sentenced to imprisonment on February 18, 2016 for a violation of the Act on the Control of Narcotics, Etc. at the Suwon prison method (hereinafter referred to as “Defendant”) and on January 18, 2018, the same criminal record is five times more than five times in addition to the completion of the execution of the sentence in a regular Eup prison on January 18, 2018.

[Criminal facts] The Defendant is not a narcotics handler

From January 18, 2018 to January 19, 2018, the Defendant administered 0.5g of 0.5g, in total, on seven occasions in each of the following ways: (a) from the mutual influenite room located in Songpa-gu Seoul Songpa-gu, Seoul, the Defendant dumped approximately 0.07gg of the amblopon (one philopon), which is a local mental medicine, into the water; and (b) injected the ambopon using the injection machine to its right arms; and (c) in the same manner, the Defendant administered the ambopon in an amount of approximately 0.07gggs per time.

[Facts of the cause of the treatment and custody] The Defendant committed a crime corresponding to imprisonment without prison labor or heavier punishment, and needs to receive medical treatment at the treatment and custody facilities, and there is a risk of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Report on the results of preliminary tests for narcotics, narcotics and gene appraisal reports, investigation reports (voluntary submission, seizure and examination by private persons in the form of a river and simple inspection by private persons), investigation reports (calculated with additional collection charges), and monthly trends of narcotics;

1. Previous convictions: A reply to inquiry, such as criminal history, a copy of each written judgment, a criminal investigation report (former and annexed rulings), an investigation report (related to a crime during the period of repeated crimes), and the current status of personal confinement;

1. Disciplines of judgment, necessity of medical treatment, and risk of recidivism: (1) The defendant has been sentenced to six times of criminal punishment due to a crime of violation of the Narcotics Control Act, and (2) The defendant is sentenced to imprisonment on February 18, 2016 with prison labor for a violation of the Narcotics Control Act, which was most recently committed by the defendant. < Amended by Act No. 1532, Feb. 18, 2016>