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(영문) 의정부지방법원 2014.02.04 2013고단4302
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.

Reasons

Punishment of the crime

On August 18, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Eastern District Court on August 18, 201, and on March 1, 2012, and is not a person who completed the enforcement of the sentence, but a person who

1. On October 1, 2013, at around 05:00, the Defendant: (a) placed approximately 0.07g of philophones in the 2nd exit in the Sung-dong, Gwangjin-gu, Seoul, for one-time use, in a single-use luculon which was in possession of CM7 car; and (b) injected them by means of injecting them into his left-hand blood cells.

2. At around 17:00 on December 1, 2013, the Defendant administered approximately 0.07g of philophones in a toilet located in the sexual waters in Gwangjin-gu Seoul Special Metropolitan City, in the same manner as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution against C;

1. Investigation report (in case of an excursion ship report as a result of the urinal appraisal);

1. An appraisal report;

1. Reporting on the market price of narcotics:

1. Application of Acts and subordinate statutes concerning criminal records, investigation reports (Attachment of written judgments), and personal identification and confinement status;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and Selection of Punishment for Crimes) of the same Act;

1. Article 35 of the Criminal Act among repeated crimes (as such, since there are previous criminal records, each of the above crimes is applicable)

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

1. A favorable circumstance, such as the fact that the defendant, for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (200,000 won for collection = 100,000 won for a single medication = x2 times), has already been punished several times for the same kind of crime, and the defendant has already been punished several times for the same crime, and a variety of circumstances shown in the records and arguments, such as the fact that each of the instant crimes was committed during the period of repeated crime, such as the defendant's age, environment, background, and circumstances after the crime, etc.

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