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(영문) 수원지방법원 안산지원 2016.05.04 2015고단3867
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 7, 2015, the Defendant was sentenced to a suspended sentence of two years on January 15, 2015, for a violation of the Act on the Control of Narcotics, etc., in the support for the childbirth of the Suwon Flag, and the Defendant was sentenced to a suspended sentence of two years on January 15, 2015.

From October 2015 to October 21, 2015, the Defendant administered a dose, which is a local mental medicine, in a place where it is impossible to know the body line of a member of Ansan-si from the mid-term police officer to the end of the same month, in such a way as to put it into a injection machine, injection into the blood pipe, drinking, etc.

Summary of Evidence

1. The report on the results of the drug reaction test, the report on appraisal, and the report on narcotics appraisal;

1. Data on replies of telephone details;

1. A reply to each fact-finding inquiry;

1. Request for investigation (the branch office of the Protection Station of Suwon);

1. A report on investigation (the date and time, details of the place of crime), a report on investigation (the market price of a phiphone and a report related to the calculation of an additional collection charge);

1. Previous conviction: A written reply to inquiry, such as criminal history, investigation report (the confirmation report during the period of suspended execution) (the defendant and his/her defense counsel asserts that there is no fact that the defendant administered phiphones;

However, according to the above adopted evidence, the following circumstances are recognized.

Mescopic amscopics are detected by urines even after about 10 days after medication.

On October 21, 2015, the response was made to the training of Metropists in the defendant's urine taken from the U.S. branch of the Suwon Protection Station.

The drug that the defendant uses a flat does not contain the composition of a ambassador as a Meptist.

Comprehensively taking account of these circumstances, the fact that the Defendant administered philophones, such as the above facts constituting the crime, is sufficiently recognized.

Defendant

We do not accept the assertion of counsel.

Application of Statutes

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by imprisonment;

1. The defendant for reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be sentenced to imprisonment in 196 for the same crime.

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