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(영문) 부산지방법원 2017.07.13 2017고단563

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

A sum of KRW 100,00 shall be collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

On June 25, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on November 1, 2015 and completed the execution of the sentence on November 1, 2015.

Despite the fact that the Defendant is not a narcotics handler, around January 13, 2017, administered phiphones in the office of the Defendant’s operation on the second floor of Busan Jung-gu, Busan, and the second floor of the building, using approximately 0.05g g of Melopon to the coffee, which is a local mental medicine (i.e., one philopon; hereinafter “philopon”).

Summary of Evidence

1. Statement by the defendant in court;

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

1. A criminal investigation report (five times a year);

1. Investigation report (overtime 10);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including results of search of additional inmates, etc. on a net basis);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Crimes (or Selection of Imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendations] of the punishment under Article 334(1) of the Criminal Procedure Act, such as medication, simple possession, etc., of the basic area (from October to 2) (the person subject to special mitigation) / [the person subject to special mitigation] / [the decision to suspend execution for a period of not more than three years] of the same criminal history, and the defendant again committed the crime of this case during the period of the same type of repeated crime.

It is a favorable circumstance that cooperates with an important investigation, such as providing information to those who hold a large quantity of penphones and arresting them, which shows the fact of the crime and reflects the intention of the medicine.

In addition, the circumstances and means leading the defendant to the crime of this case, the age and health of the defendant are considerably good.