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(영문) 대전지방법원 서산지원 2016.11.03 2016고단619
마약류관리에관한법률위반(향정)
Text

1. The punishment of the accused shall be one year;

2. To confiscate subparagraph 4 (two injections);

3...

Reasons

Punishment of the crime

On September 11, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., in the Gwangju District Court's net support on September 11, 2013, and completed the execution of the sentence in the Busan Correctional Institution on December 21, 2014.

1. At around 00:10 on July 30, 2016, the Defendant administered a clophone in a single-use clopon in an Epopon vehicle parked on the road below, which is parked on the road below, and epophoHG car, 0.1g of copon in a single-use copon, and dopon was injected into the left copon.

2. The Defendant received Handphones by delivering approximately 0.1g of Handphones to F at the time, place, as described in paragraph 1, and giving and receiving Handphones.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Results of a simplified test of reagents and a letter of results thereof;

1. On-site photographs and table of requests for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (former records and attachment of judgment), and application of Acts and subordinate statutes to the personal confinement status;

1. Selection of imprisonment with prison labor under Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under the relevant Acts on criminal facts;

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. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (the calculation of additional collection charges and report on market inspection);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is set to three basic aggravated reductions by the classification of sentencing criteria (the representative explanation is made only for medication).

Items c) and c.

The sentence of crimes from June to June 1 to 2 years from June to 1 to 3 years from June: imprisonment with prison labor for one year, additional collection of 200,000 won has been sentenced to the same military force, and repeated crimes of this case without being among persons, and the age, character, conduct, environment of the defendant, even though they are in the period of repeated crimes.

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