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(영문) 광주지방법원 2015.12.16 2015고단4260

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On October 11, 2015, the Defendant injected approximately 0.03g of philopon into a single-use injection machine along with E around October 1, 2015, and melted them into the following arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. Report on investigation (calculated additionally), application of Acts and subordinate statutes on cancer transaction prices of narcotics;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Imprisonment with prison labor chosen;

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

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

1. One to three years in the area of aggravation (the previous crimes of the same kind as those of a suspended sentence for not more than three years) in the range of narcotic crimes of which recommendations are made on the sentencing criteria, such as medication, simple possession, etc.;

2. Specific grounds for sentencing - reasonable grounds for sentencing: The defendant reflects on the instant crime. - Unfavorable circumstances: the defendant was sentenced at the Gwangju District Court on September 11, 2015 to ten months of imprisonment and two years of suspended execution for violating the Act on the Control of Narcotics, etc. (fence) at the Gwangju District Court on September 11, 2015, and the judgment became final and conclusive on September 19, 2015, thereby preventing the instant crime during the period of suspended execution and probation.