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(영문) 창원지방법원 진주지원 2017.01.11 2016고단1132
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 10, 2015, the Defendant was sentenced to eight months of imprisonment for a violation of the Narcotics Control Act in the Daejeon District Court on July 10, 2015, and completed the execution of the sentence on October 11, 2015.

1. On November 16, 2016, the Defendant administered a scopon medication by inserting approximately 0.03g of Mepopon, which is a local mental medicine, in the dwelling of the Defendant in Sacheon-si, (hereinafter “copon”). The Defendant administered a copon medication by inserting approximately 0.03g of Mepopon into a single copon and melting it in the water.

2. On November 17, 2016, the Defendant, holding a philopon, filed a lawsuit by inserting approximately 0.03g of a philopon into a single-use folder and keeping approximately 0.2ml of a melter in the head, on the part of the bed room located in the Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the results of the preliminary experiment on narcotics, response to a request for appraisal (training of the person under question), response to a request for appraisal (amount of disposable injection), price of narcotics transaction, response to a request for appraisal;

1. Previous convictions in judgment: Application of an inquiry letter, copy of the judgment and the current status of acceptance of a person A, such as criminal history;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

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

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. In light of the fact that the crime related to philophones for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. has serious social harm caused by its toxicity and the defendant committed the crime of this case even though he had been punished twice due to the crime such as philophone medication, etc., it is necessary to strictly punish the defendant during the period of repeated crime.

However, the fact that the defendant reflects his criminal act late, etc. is considered as favorable to the defendant, and the records of this case, such as the defendant's age and sexual behavior, are shown in the theory of changes.

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