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(영문) 광주지방법원 목포지원 2017.02.03 2016고단1213
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Criminal record] On May 15, 2015, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc. and completed the execution of the sentence on March 28, 2016.

[2] A person who is not a handler of narcotics, etc., shall not administer mecophographs (hereinafter “copphones”), which are a local mental medicine, and the defendant is not a handler of narcotics.

Nevertheless, the defendant from July 26, 2016 to the same year.

8. From March 1, 200 to December 200, D apartment units 105-1211, the Defendant’s residence located in Busan Northern-gu C, were put into the injection machine with approximately 0.03 to 0.05 g of philopon in the injection machine, and was injected into the blood cells and administered philopon.

Summary of Evidence

1. Investigative reports (execution of a warrant of search and seizure), seizure records, search records, investigation reports (referring to liquid in the injection machine, results of appraisal of the species of alcohol), investigation reports (Attachment of an appraisal report on narcotics to hair), investigation reports (Attachment to the results of search of DNA identity confirmation information attached to the Supreme Prosecutors' Office-Attachment to the results of the search of DNA identity information), investigation reports (personal data attached to the gene-copis), investigation reports (verification of personal information by DNA data), investigation reports (the monetary content between countries and the number of countries related to detection of merpts in the alcohol species), investigation reports (the correction of the date of crime 2), investigation reports [the correction of the date of crime], investigation reports (related to additional collection charges);

1. Previous record of judgment: Investigation report (the period of repeated crime of a suspect and reporting on confirmation of the records of the same crime), inquiry, and application of Acts and subordinate statutes;

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

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the content of the instant crime is one-time medication of phiphones, and that the Defendant’s wife should support her children, etc. are favorable circumstances.

On the other hand, the defendant has already been punished by imprisonment with prison labor for the same kind of crime, and in particular final.

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