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(영문) 대전지방법원 2018.07.13 2018고단664
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

80,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on January 28, 2016, and completed the execution of punishment on August 4 of the same year. On May 11, 2017, the Daejeon District Court sentenced two months of imprisonment with labor for a violation of the Narcotics Control Act and one year and eight months of imprisonment with labor for a violation of the Act on the Control of Narcotics, etc., and became final and conclusive on October 17, 2017.

【Criminal facts, despite the fact that the Defendant is not a handler of narcotics, he dealt with the Metepopty of Metepopty, which is a local mental medicine, as follows.

1. Around August 2016, the Defendant provided a philopon to C free of charge, located in C’s mountain cover car (D) parked in the area adjacent to the Seojin-gu apartment B, Seojin-gu, Seoul at the end of the last day of August 2016.

Accordingly, the defendant provided C with a local mental medicine.

2. On January 25, 2017, the Defendant received and delivered 0.3g philophones from Busan-gu E and from F’s Mour G from C, which were located in Busan-gu, U.S., U.K., and 0.3g philophones.

3. The Defendant, at the same time and at a place as Paragraph 2, administered 0.05g phiphones by inserting them into a injection machine and dilution them with water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Report on investigation (report on the calculation of an additional collection charge);

1. Previous records: Application of inquiry report and investigation report-related Acts and subordinate statutes;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection of imprisonment, respectively;

1. Article 35 of the Criminal Act; 1. Article 37 of the Criminal Act; 25 of the same Act: Provided, That Article 39(1) of the same Act shall apply to concurrent 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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant committed each of the crimes of this case during the period of repeated crime, and the latter is concurrent relationship after Article 37 of the Criminal Act.

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