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(영문) 수원지방법원 안양지원 2016.12.22 2016고단1853
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

300,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On May 16, 2016, at the guest room located in Gangnam-gu Seoul Metropolitan Government “D hotel” 805, the Defendant put about approximately 0.05 g of psychotropic drugs in a single-use injection machine, and injected phiphones by means of injecting them into his arms.

2. At the end of August 2016, the Defendant inserted approximately 0.05 ghonon in a single-use injection machine at the trade influorite room located in Gangnam-gu Seoul, Gangnam-gu, and injected conphones by means of injection into one’s arms.

3. From October 22, 2016 to October 24, 2016, the Defendant: (a) inserted approximately 0.05g of philopon into a single-use injection machine at the non-explosive telephone room located in the non-explosive telescope; and (b) injected philopon into one’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Each investigation report (the results of analyzing the contents of E currency of a reference witness, and a criminal suspect A additional collection charge);

1. Application of the Acts and subordinate statutes notifying the results of legal evaluation;

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., concerning facts constituting an offense, and the selection of a punishment, respectively;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (the basis for calculating additional collection: 100,000 won for the value of one-time medication of phiphones x

1. Scope of recommended sentences according to the sentencing criteria;

(a) The fact of the medication of each phiphoneon (the scope of recommendations) / the fact of the medication of each phiphoneon / the fact of the same criminal record (the suspension of the execution of a sentence of not less than three years) for the same category in the area of the three types (the head of a local government, the head of a local government and the head of a local government)

(b) Scope of recommended sentences revised according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of one year to five years;

2. The age, character and conduct of the defendants and the circumstances described below of the sentence of sentence.

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