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(영문) 광주지방법원 2017.05.18 2017고단1373

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

20,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 2015, the Defendant received philophones from F, who was instructed by F, stating that philophones are 0.2 grams, around 21:00, the Defendant received philophones on July 2015.

2. Medication of phiphones.

A. The Defendant injected approximately 0.05 grams in a single-use injection machine at the time and place set forth in paragraph 1, and injected them into the subsequent arms after being melted with water.

B. On July 2015, the Defendant injectedd approximately 0.05 g of philopon in a single-use injection machine at the above D’s conference (after the date and time of the above paragraph) with water, and injected it into the following arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspects of public prosecution against F, G, and E;

1. Application of the Act and subordinate statutes to a response to a request for appraisal (257 pages of investigation records);

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection (referring to the amount of 200,000 won for two popons, two times, and 271 of investigation records);

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

1. Basic crimes applicable to the sentencing guidelines and concurrent crimes [the scope of recommended punishment] each of the three types (b) and the basic areas (from October to two years) of the 3 types (the scope of 10th and 2 years) including medication and simple possession, etc. (the scope of final sentence due to the aggravated punishment for which no special person is found: Imprisonment with prison labor for 10 months to 3 years;

2. The specific reasons for sentencing are as follows: (a) the Defendant was sentenced to imprisonment with prison labor for the same kind of crime on May 18, 2010 and two years of suspended sentence; (b) on December 21, 2010, the Defendant was sentenced to imprisonment with prison labor for the criminal facts of the above judgment and the criminal facts of a group concurrent crimes after Article 37 of the Criminal Act; (c) without being sentenced to imprisonment with prison labor for six months; (d) for two years of suspended sentence; and (e) for the instant crime without being sentenced to imprisonment with prison labor for the same crime;