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(영문) 수원지방법원 안양지원 2017.05.30 2017고단345
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[criminal history] On March 24, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor due to a crime under the Narcotics Control Act, etc. in the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for

[Criminal facts] The Defendant is not a narcotics handler

1. On December 21, 2016, the Defendant administered a philophone in a way that, on December 21, 2016, at around 22:00, the 1st floor machinery room of the “Dcellp Deputy Director”, he/she operated by the Defendant himself/herself, “Dcellp Deputy Director” of the Gu located in C, administered a philophone by inserting approximately 0.03 g of a romatic medicine (one philophone; hereinafter referred to as “philophone”).

2. On February 22, 2017, the Defendant administered philophones by inserting approximately 0.03g of philophones into a single-use injection machine on February 22, 2017 at the 3rd floor mechanical room of the said 3:00, and clophones by inserting them into a single-use injection machine, dilution them with raw water, and injection into the arms.

3. On February 27, 2017, the Defendant administered philophones by inserting approximately 0.03g of philophones into a single-use injection machine on February 27, 2017, at around 23:30, the Defendant administered philophones in a way of injecting them into arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report and a criminal investigation report (insurance of the body of a suspect on the date of request for appraisal);

1. Report on the calculation of an additional collection charge;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (verification of repeated records);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (which means the administration of phiphones) and 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. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection = Three-time medication x 100,000 won; and

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of the punishment recommended in the sentencing guidelines] are the crimes of violation of the Act on the Control of Narcotics, Etc.

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