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(영문) 서울북부지방법원 2018.07.06 2018고단2011
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

474,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 20, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on November 20, 2015, and completed the execution of the sentence at the Seoul Southern Prison on April 3, 2017.

Defendant is not a narcotics handler.

1. Violation of the Narcotics Control Act (compact) - On January 16, 2018, the Defendant, within the office of the Defendant of Busan Shipping Daegu C, Busan, the Defendant, at around 21:00, Da, sent to the Defendant approximately 0.2 g of Meet clocks (one philopon; hereinafter “philopon”).

Accordingly, the defendant accepted philophones.

2. Violation of the Act on the Control of Narcotics, Etc. - The occupation of medication;

A. On April 2018, the first crime committed the instant crime: (a) around 21:00, the Defendant, within the Defendant’s house, fluenconed approximately 0.1g of phiphone into a single-use injection machine; and (b) injected into the Defendant’s arms after dilution with water.

Accordingly, the Defendant administered philophones.

B. On May 4, 2018, the second criminal defendant, located in the house of the above criminal defendant around 21:00, stored approximately 0.1g of philopon in a single-use injection machine, dilution with water, and injection on the part of the criminal defendant's arms.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D in the protocol concerning the examination of the accused by the prosecution;

1. Correspondence to a request for appraisal (intestine and injection);

1. Response to a request for appraisal;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant has been punished for the same crime, and the repeated crime is committed.

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