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(영문) 대구지방법원 안동지원 2017.08.25 2017고단465
마약류관리에관한법률위반(향정)
Text

1. The punishment of the accused shall be one year;

2. 10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On November 21, 2014, the Defendant was sentenced to imprisonment for ten months for a violation of the Narcotics Control Act in the Daegu District Court’s support, and the execution of the sentence was completed at the Daegu Detention Center on July 1, 2015.

[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.

Notwithstanding that the Defendant is not a narcotics handler, the Defendant:

1. On July 6, 2017, around 19:00, at the same time, 0.03 grams, which were given and received free of charge, 0.03 grams, which are local mental drugs (i.e., one philopon; hereinafter “philopon”).

2. On July 8, 2017, in F public toilets E at Ansan-si, Around July 21, 2017, the Plaintiff administered 0.03g of philophones received as above, in the manner of drinking in small poles.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. A protocol of seizure and a list of seizure;

1. Each investigation report and accompanying materials;

1. A request for appraisal;

1. Records of the judgment: References to inquiries about criminal investigation experience, application of criminal investigation reports (Confirmation on the expiration of the term of punishment and application of Acts and subordinate statutes related to repeated crimes);

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

1. Recommendations based on the sentencing criteria;

(a) Determinations on the types of violation of the Act on the Control of Narcotics, Etc. (Article 1) (Article 1) due to philopon waterways: Imprisonment with prison labor for one year or two years;

(b)the administration of sopphones.

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