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(영문) 광주지방법원 목포지원 2017.01.20 2016고단1474
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall perform an act of administration of a Mebacoptop (one philophone, hereinafter referred to as "philopon"), which is a local mental medicine, and the defendant is not a narcotics handler.

Nevertheless, on February 27, 2016, the Defendant administered C Building 302, which is the residence of the Defendant in Busan-gu, Busan-do, by mixing approximately 0.03g of scopon with coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the results of a drug reaction test, and the application of statutes on narcotics appraisal;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Three types (one year to three years) of the aggravated area (one year) (one year to three years) of the aggravated area, such as medication, simple possession, etc. (the scope of the recommended punishment), on the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment], and the previous conviction (the suspended execution for not more than three years);

2. Determination of sentence: The defendant's act of committing the crime of this case during the period of suspension of execution for the same kind of crime is disadvantageous to the defendant; however, the defendant's act of committing the crime of this case is recognized and against the defendant; the number of times of medication of this case is limited to one time; and the fact that the previous suspension of execution has been revoked due to the crime of this case is considered as favorable to the defendant; the defendant's age, environment, sex behavior, motive and means of the crime of this case, and the circumstances after the crime of this case shall be considered as a whole; and the sentence of a lower than the recommended sentence shall be imposed after considering all the factors of sentencing as shown in the records and arguments of this case, including the records

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