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(영문) 대구지방법원 의성지원 2016.01.28 2015고단227
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 23, 2015, at around 14:00, the Defendant administered 0.015 g (one philopon) of the Metectopian (one philopon) which is a local mental medicine at the residence of the Defendant, located in the 103-dong 1702-dong 1702 of the Busan Ho-gu apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written expert opinion on defense;

1. The Supreme Prosecutors' Office and the issuance of narcotics on August 8, 2015;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes (or Selection of Imprisonment with prison labor);

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. [the scope of the recommended punishment] medication, simple possession, etc., of the three types (one year to three years) [the person subject to special aggravated punishment] of the aggravated area (one year to three years] [the decision of a suspended sentence for not more than three years] of the previous conviction (the decision of a suspended sentence for not more than three years] [the decision of a suspended sentence] imprisonment with prison labor for six months, the defendant was sentenced to a suspended sentence for the same crime and immediately committed the crime of this case, so a sentence of imprisonment with prison labor is inevitable

However, in consideration of all sentencing factors, such as the fact that the volume of administered penphones is small, the fact that the health of the defendant is not good, the prosecutor's opinion that is the representative of the public interest, the age, sexual conduct, circumstances of the crime, etc., and the circumstances after the crime, etc., the punishment shall be determined, such as the order, in addition to the sentencing guidelines.

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