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(영문) 서울동부지방법원 2018.09.12 2018고단2452
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 2 and 3 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On April 21, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on April 21, 2016, and completed the execution of the sentence at the Seoul Detention Center on January 17, 2017.

1. On January 2, 2016, the Defendant: (a) purchased approximately 0.59g price from B Mampatop (one philophone) from B; and (b) carried them in a prior grop case; (c) from that time until July 22, 2018, the Defendant possessed them by means of keeping the Defendant’s office in Songpa-gu Seoul Metropolitan City from July 22, 2018.

2. Medication of phiphones.

A. In around 22:00 on July 22, 2018, the Defendant: (a) inserted approximately 0.2g (0.2g) out of the philophones possessed as above into a single-use injection machine; (b) added them into a single-use divers; and administered them by means of injection to their arms.

B. At around 22:00 on July 23, 2018, the Defendant administered approximately 0.2g of philophones in possession as above in the foregoing manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

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

1. A written appraisal of each drug;

1. Previous convictions: References to inquiries, such as criminal history, results of search by prisoners, application of Acts and subordinate statutes on investigation reports (Attachment to judgment);

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. 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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant was punished several times as well as the same crime. In particular, the defendant committed the crime of this case again during the period of repeated crime due to the same crime, the defendant's mistake is divided, and the defendant is the defendant.

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