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(영문) 대구지방법원 안동지원 2018.10.19 2018고단439

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of one year for a crime of violation of the Narcotics Control Act in the Daegu District Court’s Support on February 6, 2018. However, on June 28, 2018, the sentence of the suspended sentence was revoked on June 28, 2018, and is currently being executed in the same prison.

[2] A person who is not a handler of narcotics, etc. shall not possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, assist in the sale and purchase, possess, deliver, or deliver a local mental medicine.

On June 9, 2018, the Defendant, despite the fact that he is not a narcotics handler, administered the Megatop (one philopon (one philopon) medication by dilutioning the Metetop c (one philopon), which is a local mental medicine, in Andong-si 3:20 on June 9, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. The report on the results of the drug reaction test, and the report on narcotics appraisal;

1. Previous convictions in judgment: Application of (A) written inquiry inquiry, such as criminal history, the text of judgment, and statutes governing the decision;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection (calculated on the 72th page of the evidence record);

1. Three types (one year to three years) of the aggravated area (one year to three years) of the sentencing guidelines (the scope of the recommended punishment), medication, simple possession, etc. (the period of suspension of execution within three years) and the previous offense (the period of suspension of execution within three years);

2. Narcotics-related crimes that result in the degradation of individuals and society, which are highly harmful to their society;

The defendant has been punished for the same crime, and committed the crime of this case without being aware of it during the period of suspension of execution.

However, the defendant recognizes his mistake and is against his will.

The frequency of philophone medication is only one time, and the defendant has not long started to commit a narcotics crime.