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(영문) 서울동부지방법원 2014.08.29 2014고단1841
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On June 30, 201, the Defendant, including criminal power, was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Eastern District Court on June 30, 201 and completed the execution of the sentence at the Seoul Detention Center on December 30, 201, and was not a person handling narcotics, as well as a person who has served more than once for the same crime.

2. Violation of the Narcotics Control Act;

A. On June 15, 2014, around 15:00 on June 15, 2014, the Defendant put about approximately 0.05g of psychotropic drugs in a single-use injection machine (i.e., one philopon) in a D non-fluorial room located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, and b) injected them into the sprink.

On June 17, 2014, around 04:00 and around 17:00, approximately 0.05g of philopon was put in a single-use injection machine at the defendant's house, 0.05g of each philopon into a single-use injection machine, and was injected into a spopic coke.

Accordingly, the Defendant administered philophones over three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol prepared by the prosecution against the accused;

1. Investigative reports (training reaction of narcotics), ACCUSSIGNMNENT training reaction, investigation reports (request for appraisal reply), and investigation reports (calculated additionally);

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [Scope of Recommendation]: Type 3 (10 months to 2 years of imprisonment) in the basic area (10 months of imprisonment) for medication, simple possession, etc. (2 years of imprisonment): A self-denunciation/a previous conviction (not less than 3 years of suspension of execution) in the same kind of crime (not less than 3 years of imprisonment): A crime in this case is very serious that the crime in this case was administered three times, and the defendant is subject to criminal punishment such as imprisonment for the same kind of crime.

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