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(영문) 부산지방법원 2018.09.14 2018고단3097

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Medication of phiphones;

A. On July 7, 2018, the Defendant administered 0.14 grams on July 7, 2018, by inserting approximately 0.14 grams in a single injection machine, which is a local mental medicine, at the Defendant’s home (Seoul Metropolitan City building 107 dong 403, Busan Metropolitan City) (i.e., the 107-dong 403). In a single injection machine, the Defendant administered phiphones by inserting approximately 0.14 grams in a single injection machine, and inserting them into the left arms.

B. On July 8, 2018, the Defendant administered approximately 0.14 grams of phiphonephones at the same place as before around 12:00 on July 8, 2018 in the same manner as above.

2. On July 9, 2018, the Defendant, holding phiphones, by dividing them into three parts, and keeping 0.32g of phiphones into one part of one part of one part of one part of one part of one part of one part of one part of one part of one part of one part of one part of one part of one part of one part of one part of one part of one part of one part of one part of one part of another.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on records of seizure and lists of seizure, investigation reports (netly 9, 17), photographs and video outputs, appraisal books, and cancer transaction price lists;

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. 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. Article 48 (1) of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 67 / [the scope of the recommended punishment] / simple possession of the medication, etc.