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(영문) 대전지방법원 홍성지원 2019.01.16 2018고단775
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

On April 27, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at Suwon District Court on April 27, 2017, and completed the execution of the sentence in a female prison on January 9, 2018.

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”).

On October 14, 2018, at around 05:30 on October 14, 2018, the Defendant administered philophones in a way of drinking water approximately 0.03g of philophones at the Chungcheongnamnam Budget Group Belc site.

Summary of Evidence

1. Defendant's legal statement;

1. 112 reported case handling table;

1. Investigation report (on the condition at the time of site entry) and suspect's photograph on the railing of windows;

1. A narcotics appraisal report and a narcotics appraisal report;

1. A report on investigation (with regard to presumption of time to administer phiphonephones);

1. A report on investigation (related to the calculation of an additional collection charge);

1. Previous convictions: Application of Acts and subordinate statutes concerning the current status of personal confinement, such as a copy of judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Serious punishment is inevitable in light of the unfavorable circumstances, such as the fact that four same criminal records have been punished as imprisonment with prison labor for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., and the subsequent criminal records have been repeated during the period of repeated crime;

However, in consideration of the favorable circumstances, such as recognizing and reflecting the crime from the time of the prosecution investigation, and the fact that the health is not good (e.g., liveration and hepatitis), the punishment as ordered shall be determined.

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