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(영문) 광주지방법원 2019.03.29 2019고단81
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1, 2, and 6 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., a single philopon; hereinafter “philopon”), as follows:

1. From around 14:00 on December 30, 2018 to around 15:00 on the same day, the Defendant purchased phiphones with the purchase price of KRW 1,00,000 from around 14:0 to around 15:0 on the same day, from around C in the vicinity of the road in Scheon-si B.

2. Medication of phiphones.

A. On January 1, 2019, between 02:00 on the same day and 03:00 on the same day, the Defendant administered phiphones in such a way as to put them into a single-use injection machine, and dial-use dactphones into a single-use injection machine, dactylphones into a single-use dactter, and dactinate into tact.

B. On January 1, 2019, between 03:00 and 14:00 on the same day, the Defendant administered phiphones by inserting the volume of phiphones into the mutual influorted telephones, and philophones into the single-use injection machine, and dilution with brut.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. The application of Acts and subordinate statutes to civil defense inspection report and inquiry report for appraisal;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning the facts constituting an offense (the purchase of phiphones and the points of administration);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confiscation under Article 48 (1) of the Criminal Act, and the main sentence of Article 67 of the Narcotics Control Act;

1. Purchase ofO for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (Special Sentencings): Purchase for medication, self-denunciation - Aggravation factors: At least the same criminal record (within three years of suspension of execution): Imprisonment with prison labor for not less than 8 months to 16 months (the scope of the recommended area and the recommended punishment); - Aggravation factors: Self-denunciation - Aggravation factors: Imprisonment with prison labor for the same criminal record (not less than three years of suspension of execution): Imprisonment with prison labor for not less than 10 months to 2 years;

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