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(영문) 대구지방법원 2017.04.28 2016고단6318
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

Defendant is not a narcotics handler.

1. On November 29, 2016, the Defendant received approximately 0.03 g of Melopon, a Melopon, a Melopic mental medicine (one name “philopon”, “philopon”, and “philopon”), which is a local mental medicine accumulated in a paper, from E, received them without compensation.

2. On November 29, 2016, the Defendant administered 0.03g of philophones in a manner of drinking in water, on the alley part of DNA located in Daegu hydro-gu around 19:00, and on the other hand, approximately 0.03g of philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the examination of the suspect against the accused by the prosecution;

1. Application of each Act or subordinate statute of the examination report, telephone details, and response to a request for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (the receipt of phiphones and the administration of phiphones, and the selection of each imprisonment with prison labor);

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. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of applicable sentences under the Act] : (a) Category 3 [Special Sentencing] of the Act on the Control of Narcotics, Etc. - The number of persons subject to sentencing - the number of mitigated factors - the number of persons subject to sentencing - the number of aggravated factors - the number of years prior to the same type of punishment (not less than 3 years of suspended sentence) / the basic area / [the scope of recommended sentencing] 10-2 years from 10-2 years [the scope of general sentencing ] of the same type before the previous offense (not less than 3 years of suspended sentence and not more than 10 years of suspended sentence) or the second offense of this type of repeated crime / [the types of narcotics] / [the type] 2 types of crimes (a person subject to special sentencing, including marijuana, native b. (c) and item (d)] of the Act on the Control of Narcotics, etc. - the number of narcotic substances - the same or the same type of punishment for more than 3 months /

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