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(영문) 대전지방법원 2017.12.13 2017고단4337

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Metropha (copon, hereinafter referred to as coponon, copon, copon) which is a local mental medicine as follows.

1. On January 1, 2017, around 17:00, the Defendant received and delivered a written phone without compensation by concealing in the front public telephone area of Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant, F in a manner of carrying approximately 0.15g philophones hidden in the part of the public telephone.

2. On June 13, 2017, the Defendant issued and received approximately 0.02 g of clophonephones sealed in white paper at front of the parking lot in Seo-gu Daejeon Daejeon, Seo-gu, Daejeon, to H free of charge.

3. On November 2, 2017, around 14:00, the Defendant issued and received approximately 0.1g of clophonephones sealed in white paper at front of the parking lot in Seo-gu Daejeon Daejeon, Seo-gu, Daejeon, for free.

4. On November 2, 2017, the Defendant administered approximately 0.03 ghonon in the Defendant’s residence located in Seo-gu I and 303, Seo-gu Daejeon, Seo-gu, Daejeon, by a method of riding in coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect of H with respect to the police;

1. Seizure records;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (the calculation of an additional collection charge);

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. Circumstances unfavorable to the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: The fact that the person committed another crime even though the sentence was 4 times the past force of the same crime, including three times the sentence, has been led to the confession and reflect of the crime, the fact that the person concerned has consented to an investigation by informing an investigation agency of his identity, and that it has been seven years prior to the last record of the crime