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(영문) 광주지방법원 순천지원 2016.05.18 2015고단2679
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

110,000 won shall be additionally collected from the defendant.

The provisional payment of the amount of collection shall be ordered.

Reasons

Punishment of the crime

[2015 Highest 2679]

1. Around February 14, 2013, the Defendant, who violated the Act on the Control of Narcotics, Etc., administered narcotics, etc., in a manner of dilution between Mediter and Mediteran, and Mediteran C 101, a local mental medicine medicine D, which was sought, with approximately 0.03 g of Meditera and Mediteran.

2. On April 16, 2014, the Defendant violated the Resident Registration Act: (a) at the F dental clinic located in Daegu Dong-gu, Daegu-gu; (b) while receiving hospital treatment; (c) while having fulfilled the Plaintiff’s resident registration number (H) as if the Defendant was the Defendant’s resident registration number; and (d) using another’s resident registration number unlawfully; and (b) from around that time to August 8, 2014, the Defendant unlawfully used the other’s resident registration number by the aforementioned method twice as indicated in the list of crimes in the attached Table.

[2016 Highest 343] On February 26, 2013, the Defendant received approximately twog delivery of mematic drugs from D in front of the J Hospital located in Daegu-gu, Daegu-gu, and got approximately twog delivery of mematic drugs to U.S. K in Ulsan-si, Ulsan-si.

Summary of Evidence

Article 60(1)2, Article 4(1)1, and Article 2(2)3(b) of the Act on the Control of Narcotics, Etc. to Which the provision of the relevant Act applies to the criminal facts subject to the application of the Act and subordinate statutes, including the following: (a) the Defendant’s legal statement M or a copy of the protocol concerning the investigation of the police’s statement (related to the calculation of additional collection charges) on theO of each prosecutor’s statement of the N, and a copy of the protocol concerning the examination of the suspect; (b) the pertinent provision of the Act on the Control of Narcotics, etc. to Which the provision of the Act applies; and (c) Article 37 subparag. 10 of the Resident Registration Act (the use of other resident identification number illegally); (d) Article 37 of the Act on the Control of Narcotics, etc., and Article 38(1)2 of the Criminal Act; and (e) proviso to Article 67 of the Act on the Control of Additional Collection of 200,000 won A.

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