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(영문) 대구지방법원 2016.06.02 2016고단1855

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 May 15, 2014, the Defendant was sentenced to one year from the Daegu District Court to a violation of the Act on the Control of Narcotics, etc., and the execution of the sentence was terminated on April 2, 2015, and is not a narcotics handler.

1. On April 1, 2016, the Defendant received the non-fluoral clopon (one philopon; hereinafter “philopon”), which is a local mental medicine, from Scopon C, and administered approximately 0.03g of philopon at the Defendant’s home located in Daegu Suwon-gu D 102, on April 10, 201, or on November 11, 2016, the Defendant administered approximately 0.03g of philopon at the Defendant’s home located in D 102.

2. On April 23, 2016, at around 15:00, the Defendant administered approximately 0.03 gramphones at the home of the above Defendant, in a way of cryping the crophones into the beer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Police seizure protocol (Evidence No. 3);

1. Test results;

1. Details of the sending and station transmission;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (the date of release, confirmation of the date of release and sentence of judgment, etc.

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. For the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the scope of final sentence due to the aggravation (one year to three years) in the area of aggravation (one year to three years), such as medication, simple possession, etc. (the scope of recommended punishment) [a person subject to special aggravated punishment] of the same type of criminal offense (a person subject to suspended sentence for not more than three years): From one year to four years and six months (a decision of sentenced sentence] - Unfavorable circumstances: The defendant repeatedly administered phiphonephones within the period of repeated offense even though he had a history of having been sentenced to imprisonment twice for the same kind of crime.

- favorable circumstances: The Defendant’s instant crime was committed on the two-time medication of phiphonephones, and reflects the Defendant’s recognition of the crime.

- The age, sex, environment of the defendant;