beta
(영문) 대전지방법원 서산지원 2017.09.27 2017고단667

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 28, 2016, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act in the Seosan Branch of the Daejeon District Court for the crime of violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on July 28, 2016.

No person, other than a narcotics handler, shall trade, arrange for the trade of, give or receive, or administer a camera (hereinafter referred to as "copon"), which is a local mental medicine.

Defendant is not a narcotics handler.

1. On July 27, 2017, the Defendant, at the Defendant’s home located in 19:20 on July 27, 2017, administered one-time medication in a way that 0.03g (one column) of philophonephone in possession of the Defendant at the Defendant’s home located in 104-dong 406, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

2. On August 18, 2017, the Defendant, on August 18, 2017, administered one time by inserting the amount of opon 0.03g (one column) possessed by the Defendant within a single-use copon copon copon copon, which was located in Asan-si, around 10:00 on August 18, 2017, into a single-use copon copon copon in a single-use copter, and dilution into a liquid body at his right right

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. Each 112 Report processing table, response to a request for appraisal, a photograph, narcotics trend, and a response to a request for appraisal with each country;

1. Previous convictions: Application of Acts and subordinate statutes, such as a written inquiry about criminal history, personal confinement status, and judgment text;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which a penalty is selected, and the choice of imprisonment for a crime, respectively;

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. Although there was a record of being punished five times for the same kind of crime for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the fact that the crime of this case was committed again during the period of repeated crime resulting therefrom is disadvantageous. The fact that the person voluntarily surrenders to the crime of this case, the fact that the harm and injury inflicted on the surrounding area is minor, and it is against the crime related to simple medication.