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(영문) 창원지방법원 2018.05.11 2018고단490

마약류관리에관한법률위반(향정)

Text

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

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal history] On December 9, 2016, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on September 18, 2017, and completed the execution of the sentence at Daejeon Prison on September 18, 2017.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, on February 26, 2018, the Defendant administered chophones in a way that meconcilized approximately 0.03 g of Meconception, a local mental medicine, into the left part of the car, and administered chophones in a way that the Defendant injecteds approximately 0.03g of Meconcule (hereinafter “meconopon”), which is a local mental medicine, into the left part of the car.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (report on the calculation of an additional collection charge);

1. Police seizure records;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of repeated crime and attachment of a certified copy of judgment) and application of Acts and subordinate statutes concerning personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The basic area (referring to 10 months to 2 years) of the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to 10 months to 3 years of imprisonment) (referring to 10 months to 2 years of imprisonment], the self-denunciation (referring to the mitigated factor), the same criminal record and the same criminal record (not less than 3 years of suspended execution) (referring to the aggravated factor);

2. The Defendant, who was sentenced to a sentence, is in profoundly against the Defendant’s wrongness and will not further repeat the sentence.

After committing the crime, it was possible to contact with the investigation agency.

The manufacture, distribution, etc. of philophones did not participate in the simple medication, and the transfer of philophones handled is not many.

In the place where three children who are living alone after divorce should be raised, and the mother who is currently reporting their children, and health is also a number of diseases.