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(영문) 서울북부지방법원 2013.09.12 2013고단940
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On July 4, 2012, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Eastern District Court on July 4, 2012, and completed the execution of the sentence in Seongdong-gu on March 26, 2013, and was not a person handling narcotics.

1. At around 14:00 on March 26, 2013, the day when the Defendant released from Seongdong-gu Prison, the Defendant inserted the psychotropic drugs held by the Defendant in a single-use injection machine (one philopon; hereinafter the same shall apply) equivalent to 0.03g of psychotropic drugs, which are psychotropic substances, in the dwelling of the Defendant, 202, Gangnam-gu Seoul Northern District, Seoul, into the dwelling of the Defendant, and clopon administered the copon in a way of injecting their arms.

2. On April 4, 2013, at around 15:00, the Defendant inserted 0.03g of philophones possessed by the above Defendant’s residence into a single-use injection machine, dilution of raw water promptly, and administered philophones by means of injection into his arms.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Police seizure records;

1. Requests for appraisal, reports and photographs;

1. Investigation report (sopon market price);

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

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. The criminal defendant shall be punished as a penalty in light of the fact that the criminal defendant for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. has a history of serving several times as punishment for the same kind of crime, and the criminal defendant commits the crime in this case at the same time;

Provided, That the punishment shall be determined as per the order, considering the defendant's age, environment, etc. and all other circumstances.

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