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(영문) 부산지방법원 2017.11.17 2017고단4639

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 28, 2016, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Narcotics Control Act in the Busan District Court’s branch branch, and completed the execution of the sentence in the Busan District Court’s detention center on March 21, 2017, and is not a narcotics handler.

On September 20, 2017, the Defendant administered Metropopa (hereinafter “philophone”) approximately 0.05 g, a local mental medicine, in a meconium (trade name and hophones), located in the Soloakdong-gu Busan Metropolitan Government (hereinafter “Mloopon”).

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, report on investigation (net 16), list of price lists of narcotics, etc.;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (13) and personal confinement status, and application of the text of the judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by imprisonment)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 types of three types (one year to three years) (one year) in the area of aggravation (one year to three years) (one year) in the area of aggravation (one year to three years), previous convictions (not less than three years of suspended sentence) [the decision of suspended sentence within three years] in the above sentencing guidelines, and one time of simple medication according to the sentencing guidelines, and other matters stipulated in Article 51 of the Criminal Act;