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(영문) 대전지방법원 홍성지원 2016.08.08 2016고단354
마약류관리에관한법률위반(향정)
Text

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

Seized evidence No. 1 shall be confiscated.

400,000 won from the defendant.

Reasons

Punishment of the crime

[criminal history] On October 17, 2013, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Narcotics Control Act in the Gwangju District Court’s support for interest promotion, and completed the execution of the sentence in the Chungcheong House on August 1, 2014.

[Criminal facts] The Defendant is not a narcotics handler

1. From July 2015 to August 201 of the same year, the Defendant: (a) from the Defendant’s home located in Suwon-si, Suwon-si, Suwon-si, the Defendant provided D with 0.05 g of Mepta (one philopon; hereinafter “philopon”) free of charge.

2. On April 2016, the Defendant granted D, free of charge, 0.03 g of oponon from the upper corner of F real estate located in Sinwon-si E in Sinwon-si, Suwon-si, Suwon-si, Sin-si.

3. The Defendant, at the time and place stated in paragraph 1, put about 0.07g of philophones into a single-use injection machine, dilution with water, and administered them by means of injection to left arms.

4. On April 2016, the Defendant put approximately 0.07g of philopon at the home of the above Defendant into a single-use injection machine, dilution with water, and administered them by means of injection into the left arms.

5. On May 25, 2016, the Defendant injected approximately 0.07g of philopon at the home of the above Defendant into a single-use injection machine, dilution with water, and injected to the left arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Seizure records;

1. A criminal report (9, 17, 23 once a month), a request for each appraisal, a reply to a request for each appraisal, and a written indictment;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, investigation report (20 times a month), text of judgment, and personal identification and acceptance status Acts and subordinate statutes;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to 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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

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