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(영문) 수원지방법원 2016.01.21 2015고단4681
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 2 shall be forfeited from the defendant.

from the defendant.

Reasons

Punishment of the crime

[criminal history] On April 17, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Kanwon, and completed the execution of the sentence by the Kanyang Prison on November 6, 2013.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Megatocule (one philophone; hereinafter “philophone”), which is a local mental medicine, as follows.

1. From April 2015 to May 5, 2015, the Defendant, who administered a scopon, for the same year from the police officer on April 2015;

5. At the terminal room where it is difficult to find out the trade name in the hand-on operation of Suwon-si 20:00, after inserting two philophones for one-time use with C, containing water into two 0.02gs for one-time use with C, and dilution with water, and administering them for each of the following:

2. On September 26, 2015, the Defendant, on September 26, 2015, administered a philopon in three-story rooms located in Suwon-gu, Suwon-si, Suwon-si, the Defendant, at around 21:30 on September 26, 2015, put them into two for a single-use injection machine with F, containing approximately 0.02 g of philopon into two for a single-use injection machine, and injected them into each of the following arms:

Summary of Evidence

1. Statement by the defendant in court;

1. Letters of a small and medium inspection;

1. Photographs of seized articles;

1. Notification of the results of legal and chemical appraisal and appraisal report;

1. A report on investigation (report on the calculation of an additional collection charge);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as five sentences of judgment, the status of confinement by individuals, inquiries by residents, and inquiries about criminal history data;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The proviso to Article 35 and the proviso to Article 42 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;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection [20,000 won = The amount of additional collection = 100,000 won for medication once x twice];

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing guidelines shall be recommended;

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