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(영문) 의정부지방법원 2016.07.04 2016고단1771
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 3 shall be confiscated.

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

Reasons

Punishment of the crime

[Criminal record] On May 23, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Busan District Court on May 23, 201, and completed the enforcement on April 28, 2015.

[Criminal facts] The Defendant is not a narcotics handler

1. From the end of March 2016 to the beginning of April 2016, the Defendant received one disposable injection device containing approximately 0.05g of Mepoptopule, a part of the Mepoptopule, an Mepoptopule, a local mental medicine, from D, from March 2016 to the beginning of April 2016, and received and administered a mecopic mental medicine, by inserting and dilutioning it into the left blood pipe at the same place on the same day at around 23:0 on the same day.

2. On May 7, 2016, at around 15:00, the Defendant administered a local mental medicine by inserting and dilution raw water into a single-use injection machine containing approximately 0.05g of philophonephones, in the “G Park” located in Kimhae-si, Kim Jong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of conversations with H Mmera;

1. A written confirmation of inspection by a private person;

1. Each protocol of seizure, list of seizure, and evidence of seizure;

1. Photographs of seized articles;

1. A request for appraisal;

1. A report on the result of the preliminary test of narcotics;

1. Response to a request for appraisal;

1. Requests for analysis of digital evidence;

1. Response to a request for appraisal;

1. Each investigation report (to attach monthly trends to narcotics and to calculate additional charges thereon);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes as a result of screening prisoners;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the 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. Article 48 (1) of the Criminal Act to be confiscated;

1. The reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. is that the frequency or quantity of the instant penphone medication is relatively low;

However, the defendant committed the crime of this case during the period of repeated crime.

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