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(영문) 의정부지방법원 2015.03.16 2015고단188
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

A seized son (No. 1) shall be confiscated.

From the defendant, 200.

Reasons

Punishment of the crime

On December 24, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on December 24, 2013, and completed the execution of the sentence in the official prison on October 26, 2014, and was not a person handling narcotics.

1. On January 5, 2015, the Defendant, at the Defendant’s residence located in Guri-si C around the new wall, administered chophones by inserting approximately 0.1g of psychotropic drugs for a single-use injection machine, dilution with water, and injection into his own arms.

2. On January 15, 2015, at around 04:30, the Defendant administered 208 Ecomvis in Chuncheon City D, and approximately 0.1g of philophones in the above manner.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and investigation reports (suspect's response to the results of preliminary experiments of the suspect);

1. Records of seizure and the list of seizure;

1. Written consent to collection of urines, report on the results of the preliminary experiment for narcotics, and confirmation of the price of narcotics cancer transactions;

1. Photographss, dys No. 1-Taking photographs as a result of the examination of narcotics reagents;

1. Previous convictions in judgment: Investigation report (Attachment to a judgment) and application of Acts and subordinate statutes confirming the date of release;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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. Confiscation under Article 48 (1) of the Criminal Act, and the main sentence of Article 67 of the Narcotics Control Act;

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment, the crimes of category 1 [the scope of recommending punishment], medication, simple possession, etc. (one year to three years) and the aggravated area (one year to three years) of types 3 (one year to a special person] [the scope of recommending punishment] of the previous crimes of the same kind (not more than three years of suspended execution), the crimes of category 2 [the scope of recommending punishment] of the aggravated area (one year to three years), such as medication, simple possession (b) and (c)] of the aggravated area (one year to a special person] and the same crimes within three years.

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