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(영문) 제주지방법원 2018.04.06 2018고단73
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, on August 16, 2017, the Defendant administered 1 MaDMA (one name X-si; hereinafter referred to as “X-si”) which is a native mental medicine, in the residential area of the building C and D located under subparagraph 303, in the manner of drinking, such as beer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Two copies of a report on investigation (a copy of the protocol of interrogation of a suspect against D), and a copy of the protocol of interrogation of a suspect;

1. A criminal investigation report (the results of the suspect's survey made), a request for appraisal, reply to requests for appraisal, and a statement of narcotic appraisal;

1. Report on investigation (Report on the calculation of additional collection charges), the Supreme Prosecutors' Office and publication thereof; November 2017; and the application of Acts and subordinate statutes to one copy of an extracting part of the transaction price of narcotics among monthly trends of narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined as follows in consideration of the following circumstances.

Unfavorable circumstances: The crime related to narcotics, etc. has serious social harm caused by toxicity, and thus requires strict sanctions: The defendant has no record of criminal punishment, and the frequency of medication is limited to one time, and the defendant's recognition of the crime is contrary to other circumstances: age, environment, and circumstances after the crime.

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