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(영문) 서울북부지방법원 2017.11.15 2017고단2802
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

10.10.00.00.00.00.00.00.000.00.00..

Reasons

Punishment of the crime

On April 24, 2013, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Narcotics Control Act in the Incheon District Court, and was sentenced to two years for the same crime in the Seoul Southern District Court on January 21, 2015, and the said suspended sentence became final and conclusive on June 26, 2015. On March 9, 2017, the Defendant completed the execution of each of the said suspended sentence in the Seoul Southern District Court.

A person who is not a narcotics handler shall not administer or possess a Memptopy (one philopon, hereinafter referred to as “philopon”), which is a local mental medicine, and the defendant shall not be a person who handles narcotics.

1. On May 20, 2017, the Defendant: (a) paid KRW 1.3 million to E at the guest room of “D” in Dong-gu Incheon Metropolitan City, and put about approximately 1.1g of opon into a single-use injection instrument; and (b) injected into the Defendant’s arms bloodline and administered oponon.

2. On June 27, 2017, around 18:55, the Defendant possessed a phiphone by inserting a vinyl containing approximately 9.5g of philophone in front of the Seoul Southern-gu, Incheon, and by keeping it in a philophone in a cigarette.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of police seizure and list of seizure;

1. Response to a request for appraisal;

1. Written reply to a request for appraisal;

1. Investigation report (A's report on the calculation of additional collection charges);

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (Attachment A's latest rulings attached thereto), application of Acts and subordinate statutes to investigation reports ( Results of search in cases);

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 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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. has the record of being punished as the same kind of crime.

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