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(영문) 의정부지방법원 2016.11.30 2016고단4068
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On December 2015, the Defendant administered psychotropic drugs by having E in a “D hotel” located in Gangnam-gu Seoul, Seoul, for a single-use injection machine, approximately 0.05g of psychotropic drugs, cambrophones (copon; hereinafter “copon”).

2. On March 17, 2016, at around 20:30, the Defendant administered psychotropic drugs by having E in a “Gel” located in Gangnam-gu Seoul Metropolitan Government F put approximately 0.07g of philopon into a single-use injection machine, dilution with water into the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of H and E;

1. A letter of illegal number of narcotics users;

1. A driver's license copy;

1. Protocol of seizure, list of seizure and voluntary submission;

1. A report on collection of DNA samples;

1. Requests for each appraisal;

1. Each request for appraisal results (the report attached to the investigation report);

1. A written request for appraisal, an additional reply and an answer to a request for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (E indictment, H judgment, report on the market price of phiphonephonephones, calculation of additional collection charges, attachment of I conversation between E and A);

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. The penalty of imprisonment is to be imposed in consideration of the following: (a) the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] medication, simple possession, etc. [10-2 years] of the basic area (10-2 years) of the Act on the Control of Narcotics, etc. [the number of times of the crime in this case] is less than the number of times of the crime in this case; (b) the period is less than the period; (c) the defendant has been suspended from indictment in the past with the previous department; and (d) the defendant seems to have a greater addiction to phiphonephones.

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