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(영문) 수원지방법원 안양지원 2018.05.17 2018고단467
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 4 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On July 8, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Narcotics Control Act (competence) by the Seoul Northern District Court on July 8, 2015, and the judgment became final and conclusive on July 16, 2015, but the sentence was revoked on February 16, 2016, and the execution of the sentence was terminated at the Ansan Prison on November 21, 2016.

Criminal facts

Defendant is not a narcotics handler.

1. Medication of phiphones;

A. At around 07:00 on March 13, 2018, the Defendant injected approximately 0.05g of philophones dilutiond with bio-waterway into one-use arms in the way of mutual influorial telephones located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu.

Accordingly, the Defendant administered a local mental medicine.

B. From March 13, 2018, around 11:30 on March 13, 2018, the Defendant injected D Articles cafeteria in Dongdaemun-gu Seoul, approximately 0.05g of Biophonephone dilution into a disposable injection machine.

Accordingly, the Defendant administered a local mental medicine.

2. On March 13, 2018, the Defendant, holding a phiphone, was driven by himself/herself in a vinyl bag, containing approximately 2.76g of philophone in front of, and on the roads of, the Manyang-si E, Annyang-si, Annyang-si, Manyang-si.

G Aridi A6 car was put in a letter bag inside the back of the G A6 car.

Accordingly, the defendant possessed a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (report attached to the judgment, etc., and confirmation report on the date of release);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

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, Etc., and Article 48 (1) of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant again committed the crime of this case during the period of repeated crime for the same kind of crime.

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