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(영문) 서울북부지방법원 2018.08.29 2018고단2438
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 30, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (compact) at the Suwon method and completed the execution of the sentence on November 1, 2016 by the said prison on March 30, 201.

Defendant is not a narcotics handler.

1. Violation of the Narcotics Control Act (comprehion) - On February 13, 2018, the Defendant received approximately 0.2 grams from C, which is a part of the senior citizens located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, west-gu, west-gu, and around February 14:00, the Defendant received approximately 0.2 grams from C, which is a part of the senior citizens who were involved in a one-time injection device (hereinafter referred to as “one-time penphone”).

Accordingly, the defendant accepted philophones.

2. Violation of the Act on the Control of Narcotics, Etc. - The occupation of medication;

A. On February 13, 2018, the Defendant: (a) placed approximately 0.1g of phiphonephones into a single-use injection machine; and (b) injected them into the part of the Defendant’s arms at around 22:00, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (c) added 0.1g of phiphones into a single-use injection machine; and (d) added them into water.

Accordingly, the Defendant administered philophones.

B. On March 2018, the Defendant administered approximately 0.1g of phiphonephones at the same place as in the same paragraph before around 22:00 on the first-come-served date.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Response to a request for appraisal;

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

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, report on investigation (final judgment of the suspect A and report on confirmation of confinement records);

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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 fact that the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. has the record of being punished for a crime of the same kind and constitutes a repeated crime, and the quantity and frequency of penphones handled by the defendant.

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