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(영문) 서울북부지방법원 2018.05.30 2018고단936
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 28, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (organization and activities of organizations, etc.) and a violation of the Narcotics Control Act, etc. at the Incheon District Court on September 28, 2012; on October 4, 2012, the same court was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act; on April 12, 2013; and on October 16, 2016, the Defendant completed the execution of each of the above punishment at the Gapo Prison on October 16, 2016.

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

1. On December 27, 2017, around 23:00 to 24:00, the Defendant, on December 27, 2017, put about approximately 0.05g of philophonephones possessed by an insular method in the insular fluence of Incheon, Nam-gu, Incheon, into a single-time motor vehicle, 0.05g of 10.05g in a single-time motor vehicle, and injected them into the bloodline of his/her left part.

Accordingly, the Defendant administered philophones.

2. On February 24, 2018, the Defendant, around 01:00 on February 24, 2018, took a fat in front of the F Hospital in the Southern-gu Incheon Metropolitan City E, and took a fat in a fat to a coffee and dypon 0.15g of the faton, which he dnicked in a dypon by an incurable method, and dypnant.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A gene appraisal document regarding seized articles in the course of arresting G;

1. Results of inquiry into DNA personal information of the detained suspect;

1. Investigation report (written replys to the appraisal of suspect A substitute narcotics);

1. Response to a request for appraisal;

1. A table of transaction prices of narcotics;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, personal expropriation certification, and copy 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 Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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