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(영문) 수원지방법원 2016.05.31 2016고단1769
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

On April 25, 2014, the Defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act at the Seoul Northern District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on December 11, 2014.

Even if the Defendant is not a narcotics handler, the Defendant administered the Metropha (one philophone, hereinafter “philophone”) which is a local mental medicine as follows.

1. On March 26, 2016, the Defendant administered medicines in a way that he/she injecteds approximately 0.05 gopon into the Defendant’s arms in a toilet located in the Defendant’s residence in Gui-si C 303 at around 20:0 on March 26, 2016, using a disposable injection device.

2. On March 28, 2016, the Defendant administered approximately 0.05 grams of phiphonephones in the same manner as paragraph (1) at around 23:00 on March 28, 2016.

3. On April 1, 2016, the Defendant administered approximately 0.05 grams in the same manner as paragraph (1) at around 09:00 on April 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Ratifications, correspondences, and correspondences;

1. Previous conviction: Application of a reply to inquiry, investigation report (the date of release, confirmation of the date of release and attachment of the judgment);

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of the recommended sentences on the sentencing criteria;

(a) A Class 1 crime (the scope of a recommended punishment) in the area of aggravation (one year to three years) in the area of aggravation (one year to three years), such as medication, simple possession, etc. (the period of suspension of execution within three years);

(b) Class 2 crime [the scope of a recommended punishment] medication, simple possession, etc., is subject to the aggravated area (one year to 3 years) (one year to 1 year) of the aggravated area (a person specially aggravated) of Category 3 (a person subject to suspended execution for not more than 3 years).

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