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(영문) 부산지방법원 서부지원 2018.04.25 2018고단200

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 29, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and on May 7, 2015, and is not a person who has completed the execution of the sentence, and is not a handler of narcotics

1. On January 4, 2018 from 17:00 to 18:00, the Defendant received one disposable injection device from “E” located in Busan Sho-gu, Busan, in front of the river of “E”. On the road, the Defendant received approximately 0.05 g of a single-use injection device, which is a local mental medicine, from “F”, which was known to ordinary people, (i) the mematic medicine (i.e., one phiphone; hereinafter “phiphone”).

2. On January 26, 2018, around 21:00, the Defendant administered a philophone medication in the “H Game Center” room located on the third floor of the G G in Kimhae-si, Kim Jong-si, by a method of turning about 0.05g of philophones delivered as above on a one-time coffee mixing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on the assessment of narcotics, each report on the investigation (the investigation of the suspect's upper ships, and the confirmation of the monetary records between the suspect and the F incompetence);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the date of release);

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Type 3 (referring to a person who has been specially aggravated) in the area of aggravation (one year to 3 years), the area of aggravation (referring to a person who has been specially aggravated) of the scopon medication, the administration of scopon medication, the simple possession, etc., of scopon medication;

(b) Acceptance and receipt for medication in the mitigated area (8 months to one year and six months), including the point of receiving and selling phiphones (the scope of a recommended punishment) and arranging the sale and purchase of phiphones (the scope of a recommended punishment), etc. < Amended by Presidential Decree No. 2740, Feb. 2, 2008>

(c)endend by aggravating multiple offenses.