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(영문) 서울중앙지방법원 2016.03.31 2015고단6695
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

2. 20,000 won shall be collected from the defendant and the surcharge shall be collected.

Reasons

Punishment of the crime

[2] On October 15, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc. and completed the execution of the sentence on August 12, 2015.

[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Meteptopy (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.

1. On August 30, 2015, the Defendant administered philophones by inserting approximately 0.15g of philophones into arms from “Dur” located near the Southern-gu Incheon Metropolitan City C Station, and by using philophones for a single-time injection.

2. On September 30, 2015, the Defendant injected philophones by injecting approximately 0.15 grams of philophones into arms at the same place as the above paragraph 1, and by using philophones for disposable use.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Investigation report (Evidence No. 22) and documents attached thereto;

1. Criminal records in its ruling: Application of inquiry letter, such as criminal history, investigation report (Evidence List No. 27)-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. An order of additional collection and provisional payment [The basis for delivery] 200,000 won = 100,000 won for one-time medication x two-time sentencing reasons / [the scope of the punishment recommended in the sentencing guidelines] 1 and 2 crimes (each phiphone medication) - the scope of final sentence due to the aggravated total of crimes (1 to 3 years) in the aggravated area (1 to 1 year and 4 years): the proviso to Article 67 of the Narcotics Control Act, Article 334 (1) of the Criminal Procedure Act / [the sentence] is a crime involving narcotics, etc. beyond the individual, family, society, and human society, causing a yellowization of the whole.

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