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(영문) 수원지방법원 안산지원 2016.06.01 2016고단582
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 28, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Suwon method and completed the execution of the sentence on November 18, 2015 at the Port Prison.

The Defendant, who is not a person dealing with narcotics, was prohibited from carrying, possessing, receiving, using, transporting, managing, importing, exporting, preparing, preparing, administering, receiving, trading, arranging or providing for sale and purchase of camphones (hereinafter referred to as “camphones”), which is a local mental medicine, even though the Defendant was not a person dealing with narcotics, and was administered camphones as follows.

1. On November 18, 2015, the Defendant, around November 18, 2015, administered a phiphone in a manner of dilution with E in a liquid luxed vehicle operated by E parked near D stations located in the Bupyeong-gu Incheon Metropolitan City at night on November 18, 2015, and in a way of injecting the phiphone into the Defendant’s left-hand blood line using a disposable injection device.

2. On November 2015, 2015, the Defendant: (a) Habon medication, which was administered by E around the D Station located in the Bupyeong-gu Incheon Metropolitan City, around the night on November 1, 2015; (b) dilution of the non-opopopopopopopopopopon into the Defendant’s left-hand blood line using a single-use injection device; and (c) administered phiopopon in a way that the Defendant injecteds the non-opopopopopopopopopon into the Defendant’s blood line using a single-use injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of E;

1. Three copies of a currency statement A;

1. Report on the market price related to the collection charge - A copy of the market price of cancer transactions; and

1. Notification of the results of each legal chemical appraisal;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to report criminal investigations (report attached to personal identifications, status of confinement, etc.), such as inquiries into criminal records and criminal investigation records;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and the selection of a punishment are applicable to a crime (or selection of imprisonment);

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. Article 67 of the Narcotics Control Act;

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