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(영문) 광주지방법원 2018.02.01 2017고단5400
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 3, 2015, the Defendant was sentenced to one year for a violation of the Narcotics Control Act at the Busan District Court, and was on February 9, 2016, and was not a narcotics handler.

1. On November 3, 2017, the Defendant administered philophone medication by inserting 0.05g of philophone into a single-use World Cup at the home of C around the night on November 3, 2017.

2. On November 6, 2017, the Defendant administered philophone medication by inserting 0.05g of philophone into a single-use World Cup at the home of C around the night on November 6, 2017.

3. On November 7, 2017, the Defendant administered philophone medication by inserting 0.05g of philophones from C’s house around the new wall on November 7, 2017 in a single-use instant cup and melting it into beer and beer.

Summary of Evidence

1. Partial statement of the defendant;

1. A narcotics appraisal report and reply to a request for appraisal;

1. The details of each currency;

1. Previous convictions: Requests for inquiry, current status of personal confinement, and application of the text of the judgment;

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. (300,000 won = the market price of one-time medication of a scopon x three times) of the Act on the Control of Narcotics, etc. subject to Additional Collection;

1. Application of the sentencing criteria;

(a) The recommendation and punishment for a crime (the scope of a recommended punishment) and the simple possession, etc. of the types of three (one year to three (one year to three (3) years) that are subject to the aggravated area (one year to three (one year to three (3)) that are subject to the aggravated area), and the previous crimes of the same kind (a more than three years of suspended execution);

(b) Application of standards for handling multiple crimes: One to five years;

2. The Defendant, who had already been punished three times for crimes related to philophones (one time for suspended sentence of imprisonment and two times for suspended sentence), committed a repeated crime even though he had been serving as a repeated offender, and was addicted to philophones in light of the results of the Malophone’s assessment.

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