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(영문) 춘천지방법원 2014.12.11 2014고단562
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Control of Narcotics, Etc. at the Chuncheon District Court on February 21, 2013, and was sentenced to a suspended sentence of two years on March 1, 2013, and the said judgment became final and conclusive on March 1, 2013, and is currently under suspended sentence. On April 22, 2014, the Defendant was sentenced to a suspended sentence of two years for one year for imprisonment with labor at the Chuncheon District Court

【Criminal Facts】

The Defendant is not a person handling narcotics, and thus, shall not trade, arrange for the trade of, deliver, deliver, deliver, possess, possess, possess, use, manage, prepare, administer, or provide, a psychotropic substance, a psychotropic substance (hereinafter referred to as “clopon”).

1. On February 17, 2014, at around 22:00, the Defendant received a one-time injection device with approximately 0.1g philopon from F within the Defendant’s SM5 car parked in front of a business establishment in the sM5 car, a master plan for Chuncheon City/Do master plan.

2. The Defendant, who was parked on the back side of the Jindo apartment apartment, located in the Sincheon-si master’s zone at the time stated in paragraph 1, was administered in a way that the Defendant injected approximately 0.1g of the penphones received from F in water and injected them into the Defendant’s arms in a way of injecting them into the Defendant’s arms using a disposable injection machine.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Investigation report (to attach an interrogation protocol of F);

1. The investigation report (A and the confirmation of the other party to the currency);

1. Previous convictions in judgment: Criminal history records, investigation reports, application of the Acts and subordinate statutes governing the defendant's statutory statement;

1. Article 60 (1) 2, Article 4 (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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The crime of violation of Article 1 in its holding (Scope of recommendations) is traded, mediated, etc.;

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