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(영문) 광주지방법원 2018.03.15 2018고단434
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

210,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On May 31, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the part of May 31, 2013, and completed the execution of the sentence on August 7, 2014.

The Defendant and C conspiredd to purchase the Metea Metea, a local mental medicine, together.

On January 2, 2017, at around 01:00, the Defendant got approximately 0.7g of Mepta-mins from F in the vehicle driven by C parked on the road in front of the G convalescent G convenience store in Busan, the Defendant got about 0.7g of Mepher-mins in the vehicle driven by C, which was parked in front of the G convenience store in the nearest area, and C 300,000 won of Mepta-mins in the vehicle driven by F.

In this way, even if the defendant is not a narcotics handler, he purchased a local mental medicine in collusion with C.

Summary of Evidence

1. Statement by the defendant in court;

1. The second prosecutor examination protocol against the accused (including the F's statement part);

1. A copy of the inspection statement made by the F; and

1. A report on investigation (related to the calculation of a surcharge);

1. Previous records: The current status of personal confinement, copies of each written judgment, and the application of Acts and subordinate statutes as a result of inquiry;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, and Article 4 (1) 3 (b) of the Act on the Selection and Management of Narcotics, Etc., and Article 30 of the Criminal Act;

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

1. The reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [210,000 won = 300,000 won/g (the retail price in Busan region) x 0.7g] / [the type of decision] - The type 2 (the person subject to special sentencing) [the purchase or receipt for medication, mere possession, etc. - the area subject to mitigation [the area of recommendation] mitigated [the scope of recommendation] mitigated from August to January 6 [the area of recommendation] [the scope of recommendation] mitigated from August to one year and six months [the amount of punishment] above sentencing persons and criminal records, re-guilty during the period of repeated crime due to the same kind of crime, the amount of psychotropic drugs handled by the defendant, etc.

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