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(영문) 대구지방법원 2018.08.30 2018고단3438
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 21, 2018, the Defendant received approximately 0.15 g of philopon from D on the street adjacent to the Daegu-gu C market, Daegu-gu, and received and delivered philopon, free of charge, approximately 0.15 g of Melopon (hereinafter “philopon”).

2. On July 21, 2018, the Defendant administered philophones by dilution with tap water in public toilets located in Daegu-gu, Daegu-gu, and then injection with philophones into the arms, following the dilution of philophones in public toilets located in the foregoing philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Seizure records;

1. A response to a request for appraisal and a report on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (the calculation of an additional collection charge);

1. Relevant Article 60 of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., for which the punishment is selected, and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is heavy in the following cases: (a) the Defendant was sentenced to imprisonment for a period of three years due to a violation of the Act on the Control of Narcotics, Etc. in 2015 or a bodily injury resulting from a special official obstruction and injury; and (b) the Defendant committed the instant crime in addition, it has not yet completed the sentence

However, the defendant's age, sex, environment, background leading up to the crime, circumstances after the crime, etc. are considered and sentenced to a fine only once, in consideration of two times, such as the fact that the defendant recognizes the crime of this case and voluntarily surrenders to him with respect to the receipt and administration of phiphones, the fact that the balon is repeated and that health is not good enough to the extent that it is needed to be simplified as soon as possible.

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