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(영문) 대전지방법원 천안지원 2016.07.21 2016고단935
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

[criminal records] On January 24, 2013, the Defendant was sentenced to six months of imprisonment for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. in the Daejeon District Court’s Support, and released as a ruling of revocation of detention on May 7, 2013, and completed the execution of the sentence on July 23, 2013, which became final and conclusive on the same day.

[Criminal facts] The Defendant is not a narcotics handler

No person, other than a narcotics handler, shall trade, arrange for the trade, give or receive, possess, use, manage, prepare, administer, administer, or provide a local mental medicine.

1. On May 18, 2016, the Defendant, at the office of “D” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-si, to purchase the Meteptoptoptoptoptoptoptoptoptopto (hereinafter “diphone”), which is a local mental medicine medicine, from the sales volume of the Internet, and transferred KRW 100,000 to the account designated by the above sales volume, under the sales volume, to receive approximately 0.03 g of the Meptoptoptop to the above sales volume on May 20, 2016.

2. On June 1, 2016, the Defendant administered the Mept Amina medication once, in a passenger car in Ecoon used by the Defendant located in Northern-gu, Seo-gu, Northern-gu, Seocheon-si, as described in paragraph 1, in a way that Mecamin 0.03g, purchased as described in paragraph 1, in a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry in a protocol of seizure and a list of seizure;

1. The description of the written appraisal;

1. Previous convictions as indicated in the judgment: Application of the respective Acts and subordinate statutes described in inquiries about criminal history, status of personal confinement, text of the judgment (the High Court 1578, 1698, 333, Daejeon District Court 2013, 5722) and text of the judgment (the Supreme Court 2013Do 201322);

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

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

1. The former part of Article 37 of the Criminal Code, and Article 38.

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