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(영문) 부산지방법원 2018.03.29 2018고단763

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

equivalent to the above additional collection.

Reasons

Punishment of the crime

Although the Defendant is not a narcotics handler, on February 14, 2018, around 19:00, at the Defendant’s house located in the Busan Suwon-gu C2, the Defendant administered a philopon in a manner that 0.03g of approximately 0.03 glopon, 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 interrogation of the accused by the prosecution;

1. Police seizure records;

1. A written appraisal;

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

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. 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 the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the scope of punishment ] 3 types of medication, simple possession, etc. (b) basic area (from October to 2) / [the person subject to special sentencing] / [the sentence] / The crime related to narcotics is likely to affect society as a whole by impairing the public health or causing other crimes, etc. without being limited to avoiding the individual’s body and mind due to addiction to narcotics, regradation, etc.

On November 24, 2017, the defendant was sentenced to imprisonment with labor for one year for a violation of the Narcotics Control Act at the Busan District Court, which was sentenced to three years of suspended execution, and was administered again during the appellate trial.

It is more favorable that the fact of the crime was accepted and reflected in the simple medication.

In addition, in full view of the circumstances that are conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the background, means and methods of the crime of this case, the circumstances after the crime, the age of the defendant, sexual conduct and environment, etc., and the records and arguments of this case, the punishment as ordered shall be determined.