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(영문) 서울동부지방법원 2017.01.12 2016고단2892
마약류관리에관한법률위반(향정)
Text

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

1.4 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 29, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon Friwon on January 29, 2016, and completed the execution of the sentence on August 23, 2016.

The Defendant is not a narcotics handler.

1. On August 28, 2016, at around 15:50, the Defendant received approximately KRW 1.4 million from the D church located in Songpa-gu Seoul Metropolitan Government, E, and approximately KRW 5 g of Metepile (one name, one philopon) a local mental medicine, which is contained in vinyl paper.

Accordingly, the defendant purchased and sold Meart crypists.

2. On August 28, 2016, at around 16:30, the Defendant injected approximately 0.05g of Metectopists purchased in Gangdong-gu Seoul Metropolitan Government F, into a single-use injection machine, and injected them into the following arms.

3. On August 28, 2016, at around 19:00, the Defendant administered approximately 0.05 g of the Mept amba in such a way as above.

4. On August 29, 2016, around 01:00, the Defendant administered approximately 0.05 g of the Mept ambamins by the aforementioned method in light of around 602 of the above method.

Summary of Evidence

1. Statement by the defendant in court;

1. ACCUSIGN test report;

1. Investigation report (record recording of AC currency);

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

1. Previous convictions: inquiry about criminal history and application of Acts and subordinate statutes (the attachment of latest criminal records by the suspect and confirmation of the date of release);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and the selection of a punishment are applicable to a crime (or selection of 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. Circumstances unfavorable to the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: Purchase for medication, self-denunciation, and cooperation in investigation;

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