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(영문) 의정부지방법원 2016.07.18 2016고단568
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

18,600 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 31, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on January 1, 2015 and completed the execution of the sentence on January 1, 2015.

Around February 13, 2016, the Defendant administered approximately 0.06 g of Mesopha, a Mesopha, a local mental medicine, in a 306 Mesopha, in which the Defendant was not a narcotics handler.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (temporary test of reagents and table of price lists of narcotics, etc.);

1. Written consent to the collection of urine maternity;

1. Protocols of seizure, list of seizure and evidence of seizure;

1. A request for appraisal and appraisal of the component of narcotics;

1. Report on the result of the preliminary test of narcotics;

1. Each appraisal report and each reply to a request for appraisal;

1. A written opinion, prescription, and medical record;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes on the status of persons who coincide with the results of DDA comparison;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of imprisonment for a definite term, and the selection of imprisonment for a definite term;

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

1. The punishment shall be determined as ordered by taking into account all kinds of sentencing conditions disadvantageous to the defendant, such as the defendant's age, sexual conduct, and circumstances after the crime, etc., that the defendant had the same criminal records and crimes of this case for the reason of sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

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