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(영문) 대전지방법원 홍성지원 2017.11.07 2017고단659

마약류관리에관한법률위반(향정)

Text

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

200,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On October 6, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Daejeon District Court, and on December 12, 2016, completed the execution of the sentence at the branch office of the Daejeon Correctional Institution.

[ criminal facts] The defendant is not a person handling narcotics, and thus shall not possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, deliver, trade, assist in the trade of, or offer narcotics or psychotropic drugs.

1. On September 5, 2017, the Defendant: (a) received a single-use injection device containing approximately 0.06g of 0.06 g from G, a local mental medicine, from the street in front of the E (former Fn) located in Hacheon-gun, Chungcheongnam-do; (b) around September 21, 2017; and (c) received a single-use injection device from G without compensation.

2. Crimes by medication of sopphones.

A. On September 6, 2017, the Defendant: (a) after I located at H around 22:0, 2017; (b) dilution of the said penphone 0.06g with water; and (c) administered the said 0.03g by means of injection to his left arms.

B. The Defendant administered at around 23:00 on the same day, in a manner that injects to his left arms the remaining 0.03g of philophones after medication at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Written replys with the State and riverine appraisal results, and replys with the results of maternity appraisal;

1. Part of the monthly trend of narcotics, etc.:

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Application of the sentencing criteria;

(a) Type 3 of violation of the Act on the Control of Narcotics, Etc. (the scope of punishment recommended), medication, simple possession, etc. due to the administration of phiphonephones (b).