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(영문) 광주지방법원 2016.01.28 2015고단4427
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

60,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Jeonju District Court on January 24, 2013, and completed the execution of the sentence at the Jinju Prison on June 6, 2014.

[Criminal facts]

1. Despite the fact that the Defendant was not a handler of narcotics, on July 2015, the Defendant sold approximately 0.4g of Mesophical drugs to E, for approximately KRW 400,000,000, in front of the store near the D Hospital located in Gwangju North-gu, Gwangju, for the purpose of mutual influence.

2. Medication of phiphones.

A. Despite the fact that the Defendant is not a narcotics handler, on August 2015, the Defendant was administered by inserting approximately 0.03 grams in the Defendant’s house located in Gwangju Northern-gu F, 207 Dong 104, and 207 Dong 104, in a way of drinking water together with water.

B. Notwithstanding that the Defendant is not a narcotics handler, around October 31, 2015, the Defendant inserted approximately 0.03 grams into the places indicated in the foregoing paragraph A, and administered them in a way of drinking together with water.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the public prosecutor in relation to the defendant or E, concerning the suspect interrogation protocol (including copies thereof);

1. Each report on investigation;

1. Each response to a request for appraisal;

1. The details of communications and price of phiphones transactions;

1. Photographs;

1. Previous convictions: References to inquiries, such as criminal history, reports on investigation (Attachment to narcotics, etc. and attachment to the previous decisions), each judgment, and application of Acts and subordinate statutes concerning personal identification and acceptance status;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. The reason for sentencing Article 67 of the Act on the Control of Narcotics, Etc. has reached five times the number of years sentenced to punishment for a crime related to narcotics, and in particular, one year and six months from January 24, 2013.

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