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(영문) 수원지방법원 안양지원 2016.03.24 2015고단1994
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal history] On June 12, 2012, the Defendant was sentenced to one year of imprisonment for fraud in the support of Suwon Franchisium, and the execution of the sentence was completed on April 10, 2013 in the Ganchis prison.

[Criminal facts] The Defendant is not a narcotics handler

1. On July 2014, the Defendant, at around 05:00, put about 0.03g of Meptiles (one philopon; hereinafter “philopon”) in a single-use hotel located in Gangnam-gu Seoul, Gangnam-gu, Seoul, into a single-use hotel, injected them into C’s arms, injected them into the same time and place, 0.03g of philopon into a single-use injection machine, and dilution them into one’s own arms, and administered them.

2. On September 13, 2014, the Defendant provided E with a one of a disposable injection machine with approximately 0.1g of philopon from a passenger car parked in D in front of the city in Macheon-si on September 13, 2014, without compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the interrogation of suspect under Articles 3 and 4 of the Police for E;

1. Copy of each protocol concerning the examination of suspect of the police against F or C;

1. Each investigation report (the suspect and case sending base station of the suspect E, and report on the market price of phiphonephones);

1. Details of extracting letters;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification status, and Acts and subordinate statutes on investigation reports (Attachment to judgment);

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. under the relevant Act on criminal facts (selected to imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Grounds for sentencing under the proviso to Article 67 of the Narcotics Control Act [the basis for calculating the amount of additional collection: 20,000 won (one minute value x 2 times) for the value of 00,000 won (one minute value x 00,000 won for one minute x 3 times) for a phiphone provided for in the proviso to Article 67 of the said Act]; and

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

A. Crimes under paragraph 1 of the Criminal Act (the scope of recommendations).

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