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(영문) 서울동부지방법원 2012.09.27 2012고단1929
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

240,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Criminal facts

On October 15, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on September 10, 201, and completed the execution of the sentence in the original prison on September 10, 201, and was not a person handling narcotics.

Criminal facts

1. On November 201, 201, the Defendant received approximately 0.2 g of psychotropic drugs, which were psychotropic drugs, which were psychotropic drugs entered into D from D, in the vicinity of Gangseo-gu Seoul Metropolitan Government C Station, free of charge, and received them.

2. On February 2012, 2012, the Defendant received approximately 0.1g of a white rophone, which is 0.1g, from D, at the vicinity of the said C Station, from D without compensation.

3. On August 9, 2012, around 22:00, the Defendant inserted approximately 0.03g of 0.03g of a single-use medication into a single-use injection machine, among the phiphonephones received as referred to in the foregoing paragraph 2, at a rotogate room where the Defendant did not know the trade name in E at the window of Changnam-si, Changwon-si, Gyeongnam-si, and injected it into the arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each prosecutor's office with regard to D;

1. Notice of the result of assessment of narcotics, etc., as the result of urinals, simplified reagents inspection;

1. The application of Acts and subordinate statutes to inquiries into criminal records, investigative reports, copies of written judgments, and investigative reports;

1. Article 60(1)3, Article 4(1), and Article 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply), Articles 60(1)2, and 4(1), and 2 subparag. 3(b) of the Narcotics Control Act (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply), Articles 60(1)2 and 60(1)2, and 4(1), and 2

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 proviso to Article 67 of the former Act on the Control of Narcotics, Etc.;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant was punished twice by the same crime, and that the defendant was punished once the suspended sentence.

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