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(영문) 부산지방법원 2016.03.11 2016고단495

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1 or 4 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in Busan District Court for one year and six months, and on September 20, 2014, the record of the same kind of crime is ten times, including the termination of the execution of the sentence in the Chungcheong detention center.

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On January 18, 2016, at around 22:00, the Defendant administered a penphone by mixing approximately 0.03g of the Mesofts (one philopopon; hereinafter “philopon”), a local mental medicine, with water, at the Defendant’s residence located in Busan BO.

2. On January 27, 2016, at around 10:30, the Defendant: (a) kept approximately 0.73 gramopons contained in vinyl bags in the instant Defendant’s dwelling, and carried approximately 7.74 gramopons in total, by keeping approximately 7.01 gramopons contained in vinyl bags in the lower part of the instant vessel’s dwelling, in a manner of keeping approximately 7.01 gramopons in the lower part of the instant vessel.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. An appraisal report on the urine and maternity and a written appraisal of each decision body;

1. Investigation report (the result of appraisal of seized articles);

1. Each protocol of seizure;

1. Previous criminal records on a criminal investigation report (related to collection): The inquiry of criminal records, the number and confinement status of each individual, and the application of Acts and subordinate statutes of a report on criminal investigation (the date of release);

1. Selection of a punishment for a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, or selection of a punishment for a crime under Article 60 (1) 3 (b);

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] Medicationing, simple possession, etc. of the three types of punishment (one year to three years) (one year), the area of aggravation (one year to three years) [the person subject to special aggravated punishment] / the decision of suspension of execution within three years] / the defendant has the same criminal history as the defendant.