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(영문) 부산지방법원 2016.08.11 2016고단1622

마약류관리에관한법률위반(향정)

Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On May 15, 2014, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and on March 13, 2015, in addition to the completion of the execution of the sentence in the previous main prison on March 13, 2015

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On February 22, 2016, around 22:40, the Defendant: (a) sent approximately 0.06 grams of the Mepta (one philopon; hereinafter “philopon”) which is a local mental medicine medicine, to E from around 22:40 to around 203, 2016; and (b) received KRW 100,000 from E in return for the payment.

Accordingly, the defendant sold approximately 0.06g 0.06g philophones to E in KRW 100,000.

2. On March 31, 2016, around 18:00, the Defendant administered chophones in a way of dilution with approximately 0.03g of chophones at the first floor male toilet located in G Hospital F in Busan, Busan, by dilution with coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police to E and H;

1. Seizure records;

1. Investigation report (the result of precise appraisal of the river);

1. Previous convictions: inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the date of release);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

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. Crimes No. 1 for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] under the aggravated area (one year to six years), the aggravated area (one year and six years from June to four years from the date of suspension of execution within three years), (the scope of recommendations] the aggravated area (one year to three years from the date of suspension of execution) of Category 3 (b) and (c) of the aggravated area (one year to three years from the date of suspension of execution within three years), such as medication, simple possession, etc.