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(영문) 수원지방법원 2017.11.30 2017고단6519
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

On April 24, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and completed the execution of the sentence on February 25, 2016.

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered the Metropha (one philopopon; hereinafter referred to as “philopon”) which is a local mental medicine three times as follows.

1. On April 2016, the Defendant administered approximately 0.02 grams at the Defendant’s house located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul and 201, in a manner of drinking water together with water.

2. On July 2017, the Defendant: (a) parked in the vicinity of the “E” market located in Young-gu Seoul Young-gu, Seoul: (b) put about approximately 0.06g of philopon into a one-time injection machine; (c) dilution with water; and (d) injected it into his arms and administered it.

3. On September 18, 2017, the Defendant, at around 19:00, injected approximately 0.06 grams at the home of the above Defendant into a single-use injection machine, injected water and dilution into his arms and administered them.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Two copies of an appraisal report on narcotics at the time of the first arrest;

1. Investigation report (in response to a request for appraisal with the State, a minor precision), a response to a request for appraisal (narcotics appraisal - a minor precision);

1. Written response to a request for appraisal, and a narcotics appraisal report;

1. Report on investigation (report on the calculation of an additional collection charge);

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (refence of repeated offenses and report on binding of judgments, etc.), and application of each judgment attached thereto and applicable Acts and subordinate statutes to individual confinement status;

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 proviso to Article 67 of the Narcotics Control Act;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [each.]

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