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(영문) 창원지방법원 통영지원 2017.06.15 2017고단212
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[criminal history] On September 22, 2016, the Defendant was sentenced to eight months of imprisonment due to an injury, etc. by the Seoul Southern District Court, and on January 19, 2017, the Seoul Southern Southern District Court completed the enforcement of the sentence.

[Criminal facts]

1. On February 13, 2017, around 22:00, the Defendant injected DNA 201, which is a local mental medicine, by dilution 0.05g of Meet crypt crypt crypt cump cump cump cump cump cump cump cump cump cump cump.

2. The Defendant 1, as described in the above paragraph 1, administered Mept Metea, in a way that me did not result in any particular reaction even though he administered Mepher, 23:00 on the same day by dilutioning 0.03g of re-motor vehicle Mephers into their arms, and then in a way that he injected them into their arms using a disposable injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Investigation report (including attachment of simple reagents), investigation report (including photographs attached - photographs), investigation report (including reports on the results of preliminary tests on narcotics), response to requests for appraisal (including an appraisal report attached to a request for appraisal);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (verification of prior convictions for repeated crimes, filing of judgments and date of expiration of term of punishment);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and the selection of a punishment are applicable to a crime (or selection of imprisonment);

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

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. proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection (i.e., 200,000 won for a single medication x twice);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Type 2 (the scope of recommended punishment), including the scope of recommendation [the scope of recommendation], the sale and purchase of goods and mediation, etc. according to the sentencing guidelines for the major Acts;

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