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(영문) 광주지방법원 2018.09.13 2018고단3079

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

In seizure at night, one (No. 4), one (No. 5), one (No. 5), and one (No. 5).

Reasons

Punishment of the crime

On June 28, 2017, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law at Jeju District Court on December 25, 2017, and completed the execution of the sentence.

Even if the Defendant is not a handler of narcotics, he purchased and administered Metropha, which is a local mental medicine, as follows:

1. On April 3, 2018, around 17:10, the Defendant purchased 0.7g price from D at his house located in Ansan-si, a member C 303, from D to 2,000 Franchisium (340,000 won).

2. At the above time at the above time, Defendant 1: (a) opened a part of the campiles purchased together with D at the above time; (b) heated with a stringer, causing delay; and (c) administered the crop with an apparatus with a croping machine of water containing water as soon as possible after hanging with a croping machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to D (part of copies);

1. Seizure records;

1. The photograph of each seized article (the sequence 15-1 of the evidence list);

1. A statement on narcotics appraisal;

1. Monthly trends in narcotics;

1. Previous convictions in judgment: As a result of inquiry, the current status of personal confinement, and the application of each judgment (Evidence List No. 17-1) statute;

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 Criminal Facts and the Selection of Punishment (in cases of medication of mert caculse, Article 30 of the Criminal Act and selection 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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Crimes 1 for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (price 0.7g price in the Incheon District Meakers), 3 types (b) [special sentencing factors] - Persons subject to aggravated punishment - Persons subject to aggravated punishment - Persons subject to aggravated punishment - Persons subject to aggravated execution for not more than three years [the scope of recommended punishment] 1 year to 2 years [the type of punishment]. Narcotics / [the type of punishment].