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(영문) 대구지방법원 김천지원 2017.10.26 2017고단1128
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall sell, receive, possess, or administer Metepha (one philopopon; hereinafter referred to as "philopon") which is a local mental medicine.

1. On August 1, 2017, the Defendant purchased philophones at the entrance of D Park in Gumi-si C, by paying KRW 100,000 to E and receiving approximately 0.03g of philophones contained in E from E.

2. On August 1, 2017, the Defendant administered philophones by inserting a philophone into a single-use injection machine containing approximately 0.03g of philophones purchased, such as paragraph 1, and administering philophones in a way of injection into the Defendant’s upper arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

1. A statement on narcotics appraisal and a statement on narcotics appraisal;

1. Report of investigation (Analysis, etc. of the details of E mobile phone calls) and application of Acts and subordinate statutes to investigation reports (report on calculation of additional collection charges);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes 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 for 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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Persons who are specially mitigated in the area of special mitigation (from April to June) under Class 2 (from January to June) of the sentencing guidelines: Persons who are specially mitigated in the area of mitigation (from June to January): Class 3 of the mitigated area (from June to January 1) (from June 6): the scope of the final recommended punishment in accordance with the standards for handling major crimes of cooperation in investigation, the scope of the final recommended punishment in accordance with the standards for handling major crimes of cooperation in investigation: From June to February 2:

2. Circumstances disadvantageous to the determination of sentence: A sentence of imprisonment on three occasions for a crime of the Narcotics Control Act, a fine on one occasion for a violation of the Act on the Management of Narcotics, Etc., and the punishment on two occasions for a violation of the Act on the Management of Maternal Drugs;

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