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(영문) 수원지방법원 안산지원 2019.03.27 2019고단348
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 14, 2017, the Defendant sentenced the Gwangju District Court to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on November 22, 2018.

No defendant shall be qualified to handle narcotics.

1. On December 1, 2018, the Defendant: (a) inserted approximately 0.07gg of psychotropic drugs in a single-use psychotropic injection machine (i.e., one-time clophone; hereinafter “clophone”); and (b) injected in a non-use crop, which was psychotropic drugs, around the end of the middle of the p.m.; and (c) injected in a way of injecting clophone.

2. At around 15:00 on January 16, 2019, the Defendant injected approximately 0.07 g of philophones in the place described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A narcotics appraisal statement;

1. A investigation report (a investigation report related to collection);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. The scope of punishment by law: One month to thirty years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Table [Special Aggravation] Aggravations: The area of aggravation of previous convictions (not less than three years of suspension of execution): the area of aggravation of punishment (the area of recommendation and the scope of recommendation), one year to three years of imprisonment.

(b) Second Offences [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] / 01. Medication, simple possession, etc. (Type 3]

Items c) and c.

The factors of aggravation (special punishment): Before the same offense, not more than three years.

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