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(영문) 창원지방법원 진주지원 2018.08.29 2018고단913
마약류관리에관한법률위반(향정)
Text

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

150,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Points of purchasing philophones;

A. On April 16, 2018, at around 18:00, the Defendant purchased 50,000 won in cash from D approximately 0.03 g of Melopon (one philopon; hereinafter “philopon”).

B. On May 26, 2018, the Defendant purchased approximately 0.03g of philopon from D to KRW 100,000,000 in cash at the same place as around 18:10 on May 26, 2018.

2. Points of the administration of philophones.

A. On April 16, 2018, the Defendant injected approximately 0.03g of philopon into a single-use injection machine at his own residence located in Jin-si, Jin-si, Jin-si, Jin-si and administered them by means of injecting them into a single-use injection machine with water.

B. On May 26, 2018, the Defendant injected approximately 0.03g of philophones into a single-use injection machine at the same place as the preceding paragraph at around 18:40 on May 26, 2018, and injected with water in a way of injecting it into the dead bloodline.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. Police seizure records;

1. A written appraisal of each drug;

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

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes (Punishments of Imprisonment)

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Recommendations for the application of the sentencing criteria: No person that has been subject to special sentencing between October and two years (basic areas):

2. On April 1, 2015, the Defendant was sentenced to a suspended sentence of ten-month imprisonment with labor for a crime of violation of the Narcotics Control Act at the Changwon District Court's Jinju branch on April 1, 2015.

In the appraisal of the hair, the reaction of philophone training has been made.

In addition, the defendant's age, sex, environment, background, means and results of this case, and circumstances after the crime, etc.

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