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(영문) 의정부지방법원 2014.02.04 2013고단4352
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 15, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Seoul Northern District Court on November 15, 2012 and completed the execution of the sentence on July 30, 2013.

Although the Defendant is not a narcotics handler, at around 23:50 on December 2, 2013, the Defendant: (a) inserted approximately 0.1g of philophones purchased from Damo 309, which had been previously purchased from Damoto 309, into a single-use injection machine; and (b) injected them in a way of injecting them into her right-hand dives.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (investigation of the result of the reagents examination);

1. Response to the request for appraisal;

1. Investigation report (report on the price of philophones transaction);

1. Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the date of release);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Regulation of Relevant Acts and the Management of Narcotics, Etc. concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes (i.e., criminal records)

1. A favorable circumstance, such as the fact that the defendant voluntarily surrenders and mistakenly surrenders the defendant for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the amount of additional collection KRW 100,000) and the fact that the defendant would not repeat again, has been punished several times for the same kind of crime, and the defendant has already been punished several times for the same crime, and the crime of this case has already been determined the same type of punishment as the order in consideration of various circumstances shown in the records and arguments, including the fact that the defendant committed the crime during the period of repeated crime, such as the age, environment, background of the crime

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