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(영문) 대전지방법원 천안지원 2020.01.16 2019고단2582
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than nine months.

10,000 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

[Criminal Power] On April 4, 2019, the Defendant was sentenced to 10 months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on April 4, 201, and completed the enforcement of the above sentence on October 6, 2019.

【Criminal Facts】

No defendant shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, deliver, receive, trade, arrange for trade of, or offer narcotics or psychotropic drugs, which are not a person handling narcotics.

At around 04:50 on October 14, 2019, the Defendant administered philophones by dilution approximately 0.03 g of psychotropic drugs, which are psychotropic drugs provided free of charge from men in the name in the name in the West-gu Bel C, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant administered philophones by means of dilutioning approximately 0.03g of aquatic drugs (hereinafter “philophones”).

Summary of Evidence

1. Defendant's legal statement;

1. A written request for appraisal, a written report on inquiry, and a narcotics appraisal report;

1. Requests for appraisal;

1. Data concerning photographs of left pots, pots, beer and pots;

1. Previous records of judgment: Application of criminal records, reply reports (A), investigation reports (same species and criminal records for repeated crimes) and 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 Control of Narcotics, Etc., for the Establishment of Relevant Acts and the elective Punishment for Crimes;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Taking into account the fact that a person was released from a prison for the same kind of crime with the sentencing reason under Article 334(1) of the Criminal Procedure Act, and then administered philopon again during the period of repeated crime that is later than a week, and that the person actively cooperates in the investigation of the philopon provider;

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