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(영문) 청주지방법원 2016.03.15 2016고단9
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 10, 2007, the Defendant was sentenced to one year for a violation of the Narcotics Control Act in the Daejeon District Court, and completed the execution of the sentence in the Busan Correctional Institution on June 12, 2008, and is not a narcotics handler.

1. On January 2009, the Defendant: (a) administered a merpopon medication (one philophone); (b) around January 2009, the Defendant: (c) administered approximately 0.05 g (0.05 g (one philoopon); and (d) administered the merpopon medication in the form of clopon injection in the Seo-gu Seoul, Seo-gu, Seoul.

2. On October 2015, the Defendant: (a) administered approximately 0.05 g philophones received from G at G’s house located in Daejeon-gu Daejeon-gu, Daejeon-gu on October 2015; and (b) administered 0.05 g philophones in the same manner as paragraph (1).

3. On December 25, 2015, the Defendant administered philophone medication in the same manner as Paragraph 1, on December 25, 2015, at the Defendant’s home located in Daejeon Seo-gu Daejeon, Daejeon, the Defendant administered approximately 0.05 g of philophones received from G in the same manner as Paragraph 1.

4. On December 26, 2015, the Defendant: (a) administered philophone medication on December 26, 2015; (b) around 01:00 on December 26, 2015, at the I cafeteria located in Seo-gu Daejeon Daejeon; and (c) approximately 0.05 g of philophones received from G in the same manner as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each response to a request for appraisal;

1. Application of investigation reports (verification of the date of release) and investigation reports (Attachment to the Judgment)-related Acts and subordinate statutes;

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 (as to the crimes of paragraph (1)

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. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (the scope of recommended sentencing criteria);

(a) Type 3 of the facts constituting the crime (not less than 10 months to 2 years) basic area (not more than 10 months to 3 years): Cooperation in important investigation, a person who is subject to aggravated punishment: the same criminal record and the same criminal record (not more than 3 years of suspended execution));

B. Criminal facts Nos. 2, 3, and 4.

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