(영문) 대전지방법원 공주지원 2017.11.17 2017고단138

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(영문) 대전지방법원 공주지원 2017.11.17 2017고단138

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 16, 2016, at around 21:00, the Defendant administered philopon by means of pressing approximately 0.03g of Melopon (one philopon; hereinafter referred to as “philopon”) which is a local mental medicine medicine purchased with cash 100,000 won from D in the dwelling of the Defendant located in Busan Seo-gu, Busan.

2. On December 6, 2016, at around 21:00, the Defendant administered chophones in a trade name room located in Busan Jung-gu, Busan, with cash of KRW 200,000 from G and purchased about KRW 0.07g of chophones to a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. A protocol of seizure, list of seizure, report on the time of prosecution or prosecution inspection, and each investigation report (a result of a result of a simple trial of a prosecution or prosecution, a seizure report, or a together appraisal report);

1. Application of Acts and subordinate statutes to written appraisal and written response to each request for appraisal;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes, Articles 60 and 60 (1) 3 and 2 of the same Act on the Management of Narcotics, etc. and Selection of Punishment

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. Class 1 crime applicable to the sentencing guidelines [the scope of a recommendation] / 7 (the scope of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum amount of a punishment / the maximum

2. The defendant who has been sentenced to imprisonment with prison labor is obliged to choose a prison labor for the same kind of criminal records;

However, it shall be taken into account that the defendant is led to confession, is in depth, and has contributed to the investigation of the upper line.

Accordingly, the defendant's person.

참조조문

-마약류 관리에 관한 법률 제2조 제3호

-마약류 관리에 관한 법률 제4조 제1항

-마약류 관리에 관한 법률 제60조 제1항 제2호

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