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(영문) 춘천지방법원 2016.09.01 2016고단594
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On August 30, 2013, the Defendant was sentenced to imprisonment for one year and six months for a violation of the Act on the Control of Narcotics, Etc. in the Suwon District Court, and on January 18, 2015, the Defendant completed the execution of the sentence in the official prison on January 18, 2015.

The defendant is not a person handling narcotics.

1. At around 06:00 on July 12, 2015, the Defendant: (a) injected philophones; (b) dumped 0.14 g of approximately 0.14 g of psychotropic drugs into two for a single-use injection machine; (c) injected 0.07 g of each for a single injection machine; and (d) injected 1 of the injection machine into the Defendant’s arms and delivered the remainder 1 of the injection machine to E without compensation.

Accordingly, the Defendant administered and accepted philophones.

2. The Defendant, who administered a philophone, dypon, dypon, shall dypon by mixing the dypon’s dypon’s dypon’s dypon’s dypon’s dypon’s dypon’s dypon’s dypon’s dypon at the terminal

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Police seizure records;

1. Requests for appraisal;

1. Investigation report (report on the current price and the calculation report of additional collection charges);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with labor for a crime;

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

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

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics;

1. The scope of the recommended punishment according to the sentencing guidelines is the same as the first crime (the scope of the recommended punishment), the third category (one year to three years), the aggravated area (one year to three years), the same as the previous crimes (the suspended execution for not more than three years) of the same kind (the person under special circumstances) and the second category [the scope of the recommended punishment] of the previous crimes of the same kind (the suspended execution for not more than three years).

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