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(영문) 서울중앙지방법원 2018.02.08 2017고단7628
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of two years in October, 2017, on February 9, 2017, on the grounds of a violation of the Narcotics Control Act in the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support of the Support for the Support for the Support of the Support for the Support for the Support of the Support for the Support for the

【Criminal facts】 The Defendant is not the handler of narcotics

1. On July 2017, at a low time, the Defendant: (a) inserted Mepters (hereinafter “Handphones”) who are a local mental medicine in his/her car parked near the D station located in Gangnam-gu Seoul Metropolitan Government (hereinafter “C”), into a one-time injection machine; (b) malved the mecopic volume (i.e., approximately one minute, approximately 0.03g), and malved the mecopic volume; and (c) administered the mecopic in a way of injecting the mecopic in his/her arms.

2. On August 2017, the Defendant administered a philopon volume (on a normal one-time, approximately 0.03g) in the front of Songpa-gu Seoul, Songpa-gu, Seoul, in a manner of drinking water, in which the Defendant administered the philopon volume ( approximately 0.03g) in his own car parked in front of Songpa-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. The result of the 112 reported case processing table, on-site photograph, etc., seizure records, list of seizure, internal investigation report (the result of the appraisal of narcotics, etc. against on-site oil injections), internal investigation report (the result of DNA appraisal of on-site oil injections), response to each request for appraisal, and inquiry into DNA personal information, which are convicts;

1. A letter of appraisal of narcotics;

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, etc. (A), a report on investigation (Attachment of the text of the judgment and confirmation date thereof) (30) and a copy of the judgment attached thereto, and a copy of the inquiry of the case (at least the list No. 31-32 times) and the application of statutes;

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. 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 scope of the punishment recommended according to the sentencing guidelines provided for in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (Additional Collection equivalent to the amount equivalent to two-times of phiphonephones) ;

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