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(영문) 광주지방법원 목포지원 2018.05.04 2018고단176
마약류관리에관한법률위반(향정)
Text

A person shall be punished by imprisonment with prison labor for not less than six months and for not more than four months for the crimes of No. 1 and 2 in the judgment of the defendant.

Reasons

Punishment of the crime

On October 27, 2016, the Defendant was sentenced to 6 months of imprisonment with prison labor and 10 months of imprisonment with prison labor for the violation of the Narcotics Control Act at the Suwon method Board, and the judgment on August 8, 2017 became final and conclusive.

Defendant is not a narcotics handler.

1. From July 2017 to August 2017, the Defendant administered a drug by inserting approximately 0.06g of Memphere, a local mental medicine, into the Memphere, at the mutual influorite adjacent to the Daegu Northern District, and dilution with water.

2. The Defendant, around the first half of August 2017, 2017, putting approximately 0.07g of Meart cudio 416 in Songpa-gu Seoul, Songpa-gu in a scambling machine, and dilution with water for two times.

3. On October 27, 2017, the Defendant injected approximately 0.07g of E hotel 402 in Songpa-gu Seoul, Songpa-gu, Seoul, by dilution with water to injection.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Police seizure records;

1. Notification of the results of each legal chemical appraisal;

1. F photograph;

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

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes concerning investigation reports (final judgment of ex post facto concurrent crimes);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and the selection of a punishment are applicable to a crime (or selection of imprisonment);

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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 was committed, and the defendant was repented, and raises his age, but the crime of the crime of this case, which was administered by the Mepter, who is a local mental medicine, is not less severe, and the defendant was sentenced one time to imprisonment with prison labor and one time to suspend the execution of his sentence.

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