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(영문) 수원지방법원 성남지원 2016.05.04 2016고단505
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 2, 2014, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for special larceny, etc. by the Incheon District Court on July 2, 2014, and the judgment became final and conclusive on July 10, 2014 and is currently under suspended sentence.

Criminal facts

Defendant is not a narcotics handler.

1. On February 29, 2016, around 16:00, the Defendant, at the home and home of the Defendant operating 402 in Seo-gu Incheon Seo-gu, dumped approximately 0.03 g of Melopon (one philopon; hereinafter “philopon”), a local mental medicine, into coffee, and d free of charge.

Accordingly, the defendant provided a local mental medicine.

2. On March 1, 2016, the Defendant, at the place indicated in paragraph 1 at around 16:00, injected 0.03g of philopon with scopon with scopon, and used it in a way of injection into D with a single-use injection machine.

3. Medication of psychotropic drugs;

A. On February 29, 2016, at the place described in paragraph 1, around 16:00, the Defendant injected approximately 0.03g of philophones into scam and injected them into their arms.

B. On March 1, 2016, at around 16:00, the Defendant injected approximately 0.03g of philophones into bio-dives at the place described in paragraph 1, and injected them into his arms with a single-use divers.

Accordingly, the defendant administered a local mental medicine twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written report on narcotics, a written appraisal of narcotics, and a reply to a request for appraisal by a State and a water testing;

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

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of judgment on suspect-related narcotics and special larceny);

1. Articles 60(1)2, 4(1), and 2 subparag. 3(b) (the provision, use, and provision of phiphonephones) of the Act on the Control of Narcotics, Etc. under the relevant Act on the Criminal facts, and the selection of imprisonment for each of them;

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. Sentencing the proviso of Article 67 of the Narcotics Control Act.

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