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(영문) 대전지방법원 서산지원 2018.05.02 2018고단57
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 or 3 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On November 3, 2016, the Defendant was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seosan Branch of the Daejeon District Court for the violation of the Act on the Control of Narcotics, etc., and the execution of the sentence was completed at the Jung Eup prison on April 8, 2017.

1. On September 2017, the Defendant received and delivered philophones from E at around September 2017, the Defendant received and delivered 3.6g g of Melosophs, a local mental medicine, from E (hereinafter “philophones”).

2. On December 24, 2017, the Defendant, from around 09:00 to around 18:00 on December 24, 2017, 201, administered opphones by dilutioning 0.05g of opphones from the Defendant’s residence located in Jin-si F on the same day at around 18:00 on December 24, 2017, and administering them to the left part using a injection device.

3. On January 5, 2018, the Defendant, who administered phiphones, was dilutiond with 0.05g of phiphones at the Defendant’s residence located in Jinjin-si around the first half of January 5, 2018, and administered them in a way of injecting the left part of phiphones using a injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. G statements;

1. Records of seizure, photographs of seized objects, records of appraisal of narcotics, investigation report (attaching and result of appraisal of narcotics);

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about crimes and investigation experience, investigation report (including the status of personal confinement and sentence of judgment, etc. attached to the same offense and investigation experience);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes, Articles 60 and 60 (1) 3 and 2 of the same Act on the Management of Narcotics, etc. and Selection of Punishment

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

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) 1 of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is a repeated crime for the reason of sentencing, the fact that the defendant recognizes and reflects the crime, and the defendant's reference is the defendant.

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