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(영문) 서울북부지방법원 2016.06.29 2016고단864
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A penalty of KRW 100,000 shall be collected from the defendant.

The above additional collection shall be reasonable.

Reasons

Punishment of the crime

[Majority Offense] Case: A crime of violation of the Act on the Control of Narcotics, Etc. sentenced to by the Seoul Northern District Court on January 20, 2015: Imprisonment with prison labor for one year: the termination of the execution of sentence in the former correctional institution on December 5, 2015 / [criminal facts] No person who is not a narcotics handler nor a person who handles narcotics, etc., shall meculate cloids (one penphone, hereinafter referred to as philopons), and the defendant is not a person who handles narcotics, etc.

On March 11, 2016, the Defendant administered philophones by dilution of approximately 0.1g of philophones contained in a single-use injection device at the trade in the Busan Youngdo-gu, Busan, and by injecting them into the Defendant’s arms blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes of the response request for appraisal;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes (Punishments of Imprisonment)

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

1. Amount of KRW 100,000 (the defendant administered approximately 0.1g, the average nationwide retail price for 0.1g opphones is KRW 340,000 or KRW 100,000,000,000, not multiple times, and the average nationwide retail price for 0.1g opphones is collected); and

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is set at three directions of the basic aggravation of the classification by types: (b) the sentencing of the six-month to the six-month to the one-year to the one-year period from June 10 to the three-year one-year period: the aggravated factor (one-year period to three-year period): the aggravated factor (one-year period): The aggravated factor: Imprisonment for one year: A person who has been sentenced to an aggravated punishment for one year and six months: A person who has been sentenced to an aggravated punishment: A person who has been sentenced to an aggravated punishment for one year and six months: A confession, a person who has been subject to an aggravated punishment, such as the cumulative records of the same punishment; a person who has been sentenced to an aggravated punishment; a person who has been sentenced to an aggravated punishment; a person who violated the Narcotics Control Act (f) and the Act on the Control of Narcotics, etc.; a person who has been sentenced to imprisonment for April 2012 to the two-year period;

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