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(영문) 부산지방법원 2018.09.18 2018고단2487

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 (except for those consumable for appraisal) shall be confiscated.

Reasons

Punishment of the crime

[Criminal history] On October 20, 2016, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court, and completed the execution of the said sentence on May 15, 2017.

[Criminal facts] Even if the Defendant is not a narcotics handler, he administered or she was subject to administration of the Metetop clopic (one philopon; hereinafter “philopon”), which is a local mental medicine, as follows:

1. Medication of phiphones;

A. The Defendant, at the end of April 2018, injected approximately 0.05g of clophones into water in a disposable injection machine at the Defendant’s residence located in Busan Sho-gu, Busan, and administered them by means of injection, after dilution with water.

B. On June 5, 2018, around 03:00, the Defendant administered approximately 0.05g phiphones in the above dwelling area of the Defendant’s person.

2. On June 5, 2018, the Defendant: (a) around 14:30, on the part of the Defendant’s residence, carried approximately 0.56g of opphones by dividing them into two in a transparent vinyl boomer; and (b) carried them in a way that they are stored in a cigarette and wallets.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Report on investigation (calculated of an additional collection charge), notification of the results of respective legal chemical appraisal, and reply to a request for appraisal;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

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 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 types of three types (one year to three years) (one year) in the area of aggravation (one year to three years) in the area of aggravation (one year to three years) / the scope of final sentence due to the aggravation of multiple crimes (not less than three years of suspended execution) before the same type of crimes: one year to five years [the decision of sentence].