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(영문) 서울동부지방법원 2018.06.20 2017고단2788
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A penalty of KRW 100,000 shall be collected from a defendant.

Reasons

Punishment of the crime

On August 23, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Seoul Eastern District Court on October, 100 and was sentenced to two years of suspended execution on August 31, 2016, and is still under suspended execution.

Defendant is not a narcotics handler.

On September 23, 2016 to September 26, 2016, the Defendant administered the Megapopic dose of the Melapop (one philopon), which is a local mental medicine, in an irregular manner, at the insane area located in Seongdong-gu Seoul, Seongdong-gu.

Summary of Evidence

1. Written response to a request for appraisal (the response to the training of philophones);

1. A statement of the status of the observation of protection (the fact that a prosecutor has fleded on September 28, 2016);

1. A protocol for the examination of the suspect against the defendant (the defense counsel created two times a year since the defendant does not grow well due to his/her symptoms, and the appraised hair does not take place from the maternity, which reflects the result of the previous medication or the previous medication of the defendant (the first day of the crime, September 2015 to October).

However, in full view of the circumstances that the Defendant stated that once more than two months was made and the hair was taken, one year has passed since the date of the crime in the preceding case, and that the Defendant was a person who 1 cm in the average month on an average of 1 cm in the month when the hair was short of 2 cm or less, it cannot be accepted, and it is recognized that the Defendant was administered near the date of the attempted crime from the result of appraisal.)

1. Results of inquiries into the facts of Company B (from September 23, 2016, the date of crime)

9. 26. 26. 26. The mobile phone C was used by the Defendant, and the Defendant had been suspended at the charge due to the failure to pay the charge, but was not suspended.

1. Inquiry about criminal history;

1. Application of Acts and subordinate statutes governing monthly trends in narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. (or choice of imprisonment);

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [Determination of Type] 3 types of narcotics (as defined in items (b), (c) and (c)) [Special Sentencing Persons] aggravated factors, and previous convictions of the same kind (as defined in three years).

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