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(영문) 광주지방법원 2018.11.01 2018고단3236

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Majority-related relationship] On November 20, 2015, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act at the Ulsan District Court on November 20, 2015, and completed the execution of the said sentence on November 2, 2017.

[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Metrophographs (cophophones, hereinafter “copphones”) of a local mental medicine as follows.

1. On February 18, 2018, at around 14:00, the Defendant received approximately 0.5g of philopon, which is contained in D’s plastic bags at the parking lot adjacent to the Cart located in Busan Suwon-gu B, and received philopon from D.

2. On February 2, 2018, the Defendant, in a dry field warehouse located in Ulsan-gu, Ulsan-gu, in order to put approximately 0.05g of philophones received as stated in the above 1.1., into a single-use injection machine, melting them as water, and administered them in a way of injecting them into the left part of blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Reports on internal investigation (Attachment of the details of sending DF stations with A), and data attached thereto;

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

1. Previous relationship: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, and the current status of personal confinement (in addition to an investigation report No. 15 of the evidence list);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. Crimes No. 1 for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] of the mitigated area (one to three years), the aggravated area (one to three years), the aggravated area (one to three years), the subject of special aggravated punishment] of the previous offense (the scope of recommended punishment] of the mitigated area (eight months to one year and one year and six months) of the mitigated area (the specially mitigated person) of the mitigated area (the specially mitigated person) of the mitigated area (the scope of recommendation), including the sale and brokerage of the two types of crimes (the items (b) and (c) of the same item) of the mitigated area (8 to one year and six months) of the mitigated area (the specially mitigated person) of the mitigated area) of the mitigated area (the person) of the same kind, the previous offense and the previous offense (the period of three years and less