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(영문) 전주지방법원 군산지원 2018.07.27 2018고단89
마약류관리에관한법률위반(향정)등
Text

Defendant

A shall be punished by imprisonment of one year and four months, and by imprisonment of six months for Defendant B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to one year and four months from September 1, 2015 by committing a violation of the Narcotics Control Act at the Suwon Friwon method on March 20, 2015, and completed the execution of the sentence at the Suwon Kriwon detention center.

[Criminal facts]

1. On January 15, 2018, Defendant A included approximately 0.03g of the cathophones (one penphone; hereinafter “cathophones”) and approximately 2.03g of the hemp in the Defendant’s bank, received from a person under whose name is non-exploited in Ekbook located in Gunsan-si, Sinsan-si, Sinsan-si.

Accordingly, even though the defendant is not a narcotics handler, he possessed philophones and marijuana.

2. Defendant B, on January 15, 2018, added approximately 0.07 glophones to the disposable injection machine from G 501, located in Gunsan-si F on January 15, 2018, and injected to his arms after dilution with raw water.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police with H (tentative name);

1. The list and photographs of seizure;

1. Application of Acts and subordinate statutes to a response to a request for appraisal (including the case data in conformity with the results of verification and search of DNA identity);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 60(1)2 of the Narcotics Control Act, Article 4(1)1 of the same Act (the point of possession of a philopon), Article 61(1)6 of the Narcotics Control Act, and Article 4(1)2 of the same Act (the hemp);

Possession)

B. Defendant B: Articles 60(1)2 and 4(1)1 of the Narcotics Control Act

1. Defendant A with an ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant B: Grounds for sentencing under the proviso of Article 67 of the Narcotics Control Act; and

1. Defendant A [the scope of a recommended punishment] medication, simple possession, etc., and the aggravated area (one year to three years) (one year to three years) of the aggravated area (a special aggravated person] of Defendant A’s previous conviction (a suspended execution for not more than three years) (a decision of sentence to be sentenced) of the said category (a decision of a suspended execution for not more than three years).

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