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(영문) 부산지방법원 2018.02.23 2017고단5950

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act by this court, and completed the execution of the sentence in the Jinju prison on November 20, 2017, and is not a narcotics handler.

On November 23, 2017, at around 22:00, the Defendant: (a) had a person without a name (E), who was fluenced with DNA 607 located in Changpo-si Mapo-si C, Changpo-si, Changpo-si, Mapo-si, Mapo-si (hereinafter “E”), administered a phiphone by means of having the Defendant put the mecopic into a one-time injection machine, the mecopic fluor (hereinafter “prophopon”), which is a local mental medicine, into a single-time injection machine; and (b) dilution with water; and (c) having the Defendant injection into the mecopic fluor.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, each photograph and image output, investigation report (10, 11 on a regular basis), price list of narcotics, etc., and appraisal report;

1. Previous convictions in judgment: Inquiry about criminal history, investigation reports (netly seven times), the text of the judgment, and the application of Acts and subordinate statutes concerning personal confinement;

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. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. For the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 10688, Feb. 1, 2008) in the basic area (10 months to 2 years), the basic area (10 months to 3 years) of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 1068, Feb. 29, 2009) (amended by Presidential Decree No. 20088, Feb. 28, 2009) (amended by Presidential Decree No. 20100, Feb. 29, 2009) (amended by Presidential Decree No. 2