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(영문) 대전지방법원 2018.06.14 2018고단1007
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

2.50,000 won shall be collected from the defendant, and the amount equivalent to the additional collection charge shall be paid provisionally.

Reasons

Punishment of the crime

[Criminal Records] On April 13, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Daejeon District Court on April 13, 2018, and the judgment became final and conclusive on April 21, 2018.

[Criminal facts] The Defendant is not a narcotics handler

On November 5, 2016, the Defendant provided a philophone to C with a single-use injection device described in this 0.35g 0.35g, a local mental medicine, at the construction site of the 3rd floor of Jin-si B, Seoul, and then, at the construction site of the 3rd floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. A report on investigation (C's telephone details on crimes);

1. Copy of the statement made to D;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions as indicated in the judgment: Application of inquiries about criminal history and investigation reports (the attachment of the sentence, the order of the Daejeon District Court 2016 High Court 899, the order of 2017 High Court 767, the order of 2017 High Court 77, the order of 47 High Court 47, the order of 2017 Nowon 641, 2018 No. 699, the order of consolidation).

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. In full view of the factors indicated in the trial process of the instant case, including the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, the punishment as set forth in the order shall be determined in the proviso of Article 67 of the Act on the Control of Narcotics, Etc., and Article 334(1) of the Criminal Procedure Act, on the following grounds:

The favorable circumstances: The confession of the crime of this case and reflect it.

D. Unfavorable circumstances: Narcotics-related crimes cause the degradation of individuals, families, society, and human society as a whole, and need to be punished in light of the fact that they are social pathology beyond individual criminal acts.

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