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(영문) 대전지방법원 2017.02.08 2017고단53
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

1.20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 2015, the Defendant issued approximately 0.35 grams of Mesofts (one philopon; hereinafter “philopon”) to E, which is a local mental medicine, on the street in Daejeon-gu Daejeon-gu, Daejeon-gu, and received Melopon.

2. On November 30, 2016, the Defendant issued and received 0.2 gramphonephones from the D’s street in the Jung-gu Daejeon Daejeon Special Metropolitan City (Seoul Special Metropolitan City) to the above E without compensation.

3. On December 20, 2016, the Defendant administered philophones by means of drinking 0.1g of philophones in the Gel 702 in Daejeon Jung-gu, Daejeon, by drinking 0.1g of philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and the selection of a punishment are applicable to a crime (or selection 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 fact that the instant crime was committed immediately after the suspension period, even after being sentenced to a suspended sentence for the same kind of crime for the reason of sentencing under the proviso to Article 67 of the Narcotics Control Act, was considered as a condition of aggravation of punishment and the fact that it reflects the fact that it was committed as a condition of mitigation of punishment;

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