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(영문) 창원지방법원 마산지원 2017.07.19 2017고단335

마약류관리에관한법률위반(향정)

Text

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

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

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On October 6, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Changwon District Court Msan Branch on the part of October 6, 2015 and completed the execution of the sentence on October 18, 2016.

Defendant is not a narcotics handler.

1. On March 26, 2017, the Defendant administered philophones in a DNA burine c in the Happan-gun of the Happan-gun of the Happan-gun of the Republic of Korea around 2017, by dilutioning approximately 0.03g of philophones (one philophones; hereinafter referred to as “philophones”) one time, which is a local mental medicine, into the left part by using a disposable injection device.

2. On March 30, 2017, the Defendant administered philophones by dilution them into the left part of the diaphones with a single philophone 0.03g, a single philophones, into the philophones, around March 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Investigation report (in calculating the amount additionally collected), investigation report (in cases of injection of phiphonephones, photographs of their respective countries);

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification as to whether a repeated offense is confirmed), and application of statutes as a result of searching prisoners;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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

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

1. Cooperation in the scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines, the administration of which and the simple possession, etc., are three types (b) and three (c) of the basic areas (one hundred months to two years) [the person subject to special aggravated or mitigated punishment] of the same type, the previous offense (a suspended execution for not less than three years) and the important investigation;

2. The defendant has been punished several times for the same crime, and has committed the crime of this case during the period of repeated crime of the same crime.