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(영문) 서울동부지방법원 2021.02.16 2020고합391
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

The Defendant was sentenced to two years of imprisonment for a violation of the Narcotics Control Act at the Seoul High Court on May 24, 2019, and completed the execution of the above sentence on January 14, 2020.

【Criminal facts】 The Defendant is not the handler of narcotics

On August 2020, the Defendant administered the Meart crymosis, which is a local mental medicine, in his/her dwelling in Songpa-gu apartment B apartment, Songpa-gu Seoul.

【The Defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act at the Seoul High Court on April 28, 2017, and was sentenced to two years of imprisonment for a violation of the Narcotics Control Act at the Seoul High Court on May 24, 2019, but was sentenced to two years of imprisonment for a violation of the Narcotics Control Act at the Seoul High Court on May 24, 2019, re-offending immediately after the completion of the said sentence.

Since the defendant is a person who has a habitive wall to inhale a native mental medicine and is in danger of recidivism, it is necessary to receive medical treatment at the treatment, care and custody facility.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure, list of seizure and protocol of search;

1. A report on the results of the preliminary test for narcotics, a statement on the climatic side of a suspect, and a statement on the appraisal of narcotics for the hair of a suspect;

1. Previous convictions: A written inquiry about criminal history (A), investigation report (Attachment of previous convictions and confirmation of period of repeated crimes);

1. The following circumstances acknowledged by the need for treatment as indicated in the judgment and the risk of recidivism, namely, (i) the Defendant was sentenced to two times of punishment for the same crime that administers the Mept amba, and (ii) the Defendant repeats committing the same crime again within a number of months after the completion of the execution of the punishment, and thus, is deemed not to suppress the impulse medication only by means of simple convict life, and (iii) according to the medical certificate, etc. submitted by the Defendant, the Defendant was diagnosed as “an obstacle accompanied by mental military register” from around 2016.

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