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(영문) 서울남부지방법원 2020.03.27 2019고단5349
마약류관리에관한법률위반(향정)
Text

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

20,000 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 power] On June 26, 2015, the Defendant was sentenced to five years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Narcotics at Seoul High Court on January 2, 2019, and completed the execution of the sentence at the same prison on January 2, 2019. On July 19, 2019, the Seoul Southern District Court sentenced the Defendant to three years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on November 22, 2019, and the said judgment became final and conclusive on November 30, 2019.

【Criminal Facts】

No person, other than a person handling narcotics, shall administer a psychotropic drug Mebacule ("copon"incopon"; hereinafter referred to as "copon"), and the defendant is not a person handling narcotics.

1. Around January 2, 2019, the Defendant injected approximately 0.05g of clophonephones at Liwon B hotel, and injected them with a single-use injection device, using a single-use injection device, and administered them.

2. On March 2019, the Defendant administered approximately 0.1g of philophones in the residence of the Defendant in Suwon-si, Suwon-si, and in the same manner as described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A narcotics appraisal statement;

1. A report on investigation;

1. Previous convictions in judgment: Criminal records, copies of written judgments, investigation reports ( current status of personal confinement), and application of Acts and subordinate statutes stating the accused's statutory statement;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant provision of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment for

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had been sentenced to imprisonment for the same kind of crime, the fact that the defendant committed the crime of this case during the repeated crime period is disadvantageous to the defendant.

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