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(영문) 서울동부지방법원 2018.04.18 2018고단621
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

On August 28, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Seoul Eastern District Court (hereinafter “Seoul East District Court”), and on January 4, 2017, the Defendant completed the execution of the sentence in the Busan East District Court.

The defendant is not a person who handles narcotics, and thus is not a person who handles narcotics, shall not administer a local mental medicine.

1. On February 15, 2018, the Defendant: (a) around 19:00 on February 15, 2018, at the Defendant’s residence located in Songpa-gu Seoul Metropolitan Government (D 201); (b) discovered the Mepter (hereinafter “copon”) which was put into a coper after medication on July 15, 2015; and (c) injected the copon 0.03g of the copon into a single copon; and (d) injected the copon into his left bloodline.

Accordingly, the Defendant, who is not a narcotics handler, administered 0.03 g of Metropha, a local mental medicine.

2. On February 20, 2018, the Defendant, at the place indicated in paragraph 1 around 19:00 on February 20, 2018, injected megaphone 0.03g in a single-use injection instrument, and injected into his/her left part-of-her blood transfusion.

Accordingly, the Defendant, who is not a narcotics handler, administered 0.03 g of Metropha, a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure;

1. A response to each request for appraisal and a statement on narcotics appraisal;

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

1. Previous convictions entered in facts constituting an offense: Application of inquiry requests, such as criminal history, and personal confinement statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., Article 48(1)1 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (10,000 won for a single medication x 2);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Application of the sentencing criteria;

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