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(영문) 대전지방법원 논산지원 2016.10.25 2016고단351
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

One injection (No. 1) containing seized philophones (0.08g), and 0.00 philophones.

Reasons

Punishment of the crime

No person other than a person handling narcotics shall possess, possess, receive, trade narcotics or psychotropic drugs, and the defendant is not a person handling narcotics.

1. Around 16:00 on July 23, 2016, the Defendant purchased Mesponis (one philopon) 0.23 g, a psychotropic drug, from the Defendant’s home at Seosan-si C 201, to 400,000 won.

2. On July 24, 2016, around 21:05, the Defendant possessed approximately 0.1g of philophones purchased at the “F” parking lot located in Seosan-si E, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Visits to a request for appraisal (record No. 92 through 93 pages of investigation records);

1. Photographs;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 60 (1) 2 of the Act on the Control of Narcotics, Etc. and Article 4 (1) 1 of the same Act and subparagraph 3 (b) of Article 2 of the same Article (Selection of Imprisonment) of the Act on the Control of Narcotics, Etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Narcotics Control Act;

1. For the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc., the scope of final sentence due to the purchase for medication, simple possession, etc. [the scope of recommendations] and the mitigated area ( August to 16) of Part 2 (the scope of recommendations), the mitigated area ( August to 16), the mitigated area ( August to 16), the mitigated area (8 to 10) of Part 2 (the number of specially mitigated persons), the mitigated area (8 to 200) of Part 2 of the Act on the Control of Narcotics, Etc. (the number of persons subject to punishment] : From October to 29 / [the decision of sentence] the Defendant again commits the instant crime despite having been sentenced to punishment for the same kind of crime.

However, the sentence is imposed as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, environment, criminal record, circumstances after the crime, etc., and the fact that the defendant reflects the mistake, the actual administration is deemed not to have been performed.

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