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(영문) 수원지방법원 2013.11.27 2013고단5625
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

300,000 won shall be additionally collected from the defendant.

The provisional payment of the above additional collection charge shall be ordered.

Reasons

Punishment of the crime

On August 19, 2011, the Defendant was sentenced to one year and six months as a crime of violating the Act on the Control of Narcotics, Etc. at Jeju District Court on August 19, 201, and completed the execution of the sentence in the third prison of North Korea on October 22, 2012.

Defendant is not a narcotics handler.

1. At around 01:00 on May 2, 2013, the Defendant administered a philophone on May 2, 2013, 201: (a) on May 2, 2013, the Defendant inserted approximately 0.1g of psychotropic drugs into a single-use injection machine; and (b) injected them into arms after dilution with the number of aquatic organisms.

2. Around 04:00 on May 2, 2013, the Defendant, at the same place as the preceding paragraph at around 04:00 on May 2, 2013, 201: (a) inserted 0.1g of opon into a single-use injection machine; and (b) injected it into a arms after dilution.

3. Around 08:00 on May 2, 2013, the Defendant received and accepted approximately 0.1 gramphones from E in the same place as at May 2, 2013, at around 08:00, in the same manner as at around 08:00.

4. Around 10:00 on May 2, 2013, the Defendant, at the same place as in the preceding paragraph at around 10:00 on May 2, 2013, 201: (a) inserted 0.1g of opon into a single-use injection machine; and (b) injected it into a arms after dilution.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Police seizure records;

1. A criminal investigation report (calculated and reported on an additional collection charge);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Selection of Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., and the Selection of Imprisonment with prison labor for the crime concerned;

1. Article 35 of the Criminal Act among repeated crimes;

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant committed the crime in this case during the period of repeated crime of the same kind, and that the defendant is also the same crime in addition to the repeated crime period.

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