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(영문) 광주지방법원 순천지원 2017.04.12 2017고단454
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

10,000 won shall be additionally collected from the defendant.

The above additional collection shall be made to the defendant.

Reasons

Punishment of the crime

On July 16, 2015, the Defendant was sentenced to imprisonment for one year and six months at the Gwangju District Court on July 16, 2015, and completed the execution of the sentence at the previous Jeju Prison on April 17, 2016.

On February 9, 2017, the Defendant, around 14:00, injected C Apartment, and 107 Dong 1314 from D’s house inside the Defendant’s house, to put approximately 0.08g of Melopon into a disposable injection machine, a Melopic mental medicine, purchased from D (hereinafter “philopon”), and melted the water into the right part of the Defendant, and administered it in a way of injection to the right part of the Defendant.

Accordingly, the Defendant administered philophones, which are a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Each response to a request for appraisal;

1. Photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, reporting of a previous conviction before and after the disposition, copy of the judgment, and the current status of personal expropriation;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act [the type of punishment] / [the reasons for sentencing under Article 334 (1) of the Criminal Procedure Act / [the defendant has repeatedly committed the crime of this case during the period of repeated crime of the same kind] / [the grounds for sentencing under Article 334 (1) of the Act on the Aggravated Punishment of Narcotics Crimes / [the special sentencing factors ... (b) and (c)] : The elements for mitigation of the same criminal records and (not less than three years of suspended sentence): The basic area of investigation [the scope of the recommended sentence] / [the decision of the recommended sentence] 10 months to 2 years [the decision of the sentence] : The defendant may have the same power (one time of suspended sentence, two times of suspended sentence), the fact that the defendant has repeatedly committed the crime of this case during the period of repeated crime of the same kind: The fact that the defendant recognized the crime of this case and cooperates with the investigation by stating about the person who sold the phone to himself, etc.

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