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(영문) 청주지방법원 2016.08.16 2016고단1348

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

1,00,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On May 13, 2015, the Defendant was sentenced to six months of imprisonment with prison labor due to an injury in military mountain support at the Jeonju District Court, and completed the execution of the sentence at a military prison on November 11, 2015.

[Criminal facts] The Defendant is not a narcotics handler

1. On May 2016, the Defendant received and delivered philophones (referring to a single philophone, hereinafter referred to as a philophones) from a person who was unaware of the name that he/she became aware of through the Internet website without compensation, and received and received philophones from a person who was influence of the name that he/she became aware of through the Internet website.

2. The Defendant, on July 9, 2016, administered phiphones by means of inserting the phiphones into a single-use injection machine, melting the balon’s non-phones received at Q parking lot located in Y in Gasan-si P, as described in paragraph 1. The Defendant collected the balons into a single-use injection machine, dilution the balons again, and melting the balon into a hydrologic water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol of seizure and a list of seizure;

1. Response to a request for appraisal;

1. A report on investigation (report on the calculation of an additional collection charge) and a list of price lists of narcotics;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history, confirm the fact of release from prison (a copy of the judgment and personal confinement status);

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. 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. A Class 1 crime for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of a recommendation), medication, simple possession, etc. (the scope of a punishment), in the mitigated area ( June to one year and six months) (the special mitigated person) [the scope of a recommendation] in the part of the crime or in the motive of the crime, where there are particularly extenuating circumstances for taking part in the part in the crime or in the motive of the crime, the Class 2 crime [the scope of a punishment recommended] in the mitigated area (the items (b) and (c) of six months to one year] in the mitigated area (the special mitigated person].