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(영문) 수원지방법원 성남지원 2016.05.18 2016고단612
마약류관리에관한법률위반(향정)등
Text

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

203,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act (mariju) at the Kanwon method, etc., and completed the execution of the sentence in the Kanyang Prison on August 18, 2013.

Criminal facts

1. Medication of a psychotropic medicine;

A. On November 2014, 2014, the Defendant: (a) had C dyphophones (one philopopon; hereinafter “philopon”) dypically mpiced approximately 0.03g of Melopon, a primary mental medicine; and (b) had C injection into the Defendant’s arms.

B. On July 1, 2015, at around 01:00, the Defendant: (a) injected C with approximately 0.03g of philopon in the dwelling area of C located in D2 stories at D2 stories; and (b) ordered C to inject it into the Defendant’s arms.

Accordingly, the defendant administered a local mental medicine twice.

2. On July 1, 2015, the Defendant smoked marijuana: (a) around 13:00, at C’s residence located in D 2 stories in the city of Pakistan; (b) and (c) smokeed the smoke generated by heating the strings below it into the strings.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. A statement on narcotics appraisal;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of investigation reports (the attachment of recent copies of narcotics-related decisions and confirmation of the date of release);

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (which means the administration of phiphones) of the Act on the Control of Narcotics, etc. under the relevant Act on the Crime, Articles 60(1)3(a) and 3 subparag. 10(a) (which means the administration of phiphones) of the Act on the Control of Narcotics, etc., Articles 61(1)4(1)4(a) and 3 subparag. 10(a) of the Narcotics, etc.

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 grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. are the age, sex, environment of the defendant, and motive for the crime of this case.

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