beta
(영문) 부산지방법원 2017.08.24 2017고단1899

마약류관리에관한법률위반(향정)

Text

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

200,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

[Criminal history] On December 23, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on December 23, 2015 and completed the execution of the sentence on June 25, 2016.

Although the Defendant was not a handler of narcotics, around 23:00 on March 26, 2017, the Defendant administered a phiphone by inserting approximately 0.03g of Melopon, which is a local mental medicine, in the Dourine room located in Busan-gu, Busan-do. (hereinafter “Melopon”). Around March 26, 2017, the Defendant administered a philopon by inserting approximately 0.03g of Melopon into a single-use injection instrument and dilution it into a melopon after dilution into a human blood.

Although the Defendant was not a handler of narcotics, around 00:0 on January 2, 2017, at the guest room of the “F” telephone located in Busan Dong-gu, Busan, approximately 0.03g of Melopon (one philopon; hereinafter “philopon”), a local mental medicine, was administered in a single-use injection machine, and then in a way of injecting it into the body blood.

Summary of Evidence

"2017 Highest 1899"

1. Statement by the defendant in court;

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

1. Police seizure records;

1. Investigation report (the result of legal expert appraisal);

1. Investigative report (calculated of additional collection charges) "2017 Highest 3630";

1. Statement by the defendant in court;

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

1. Police seizure records;

1. A statement on narcotics (5 times a year);

1. A report on investigation (calculated on an additional collection charge) (criminal records);

1. Inquiry about criminal history;

1. Application of Acts and subordinate statutes of the investigation report (including the sequence 7, Nos. 3630, 3630, 8, 9)

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection of imprisonment, respectively;

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 proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);

1. One of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [Recommendation.]