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(영문) 부산지방법원 2017.08.17 2017고단3215

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence1 through 4 shall be confiscated from the accused.

Reasons

Punishment of the crime

Although the Defendant was not a narcotics handler, the Defendant treated the narcotics as follows:

1. On June 14, 2017, at around 14:30, the Defendant administered philophones in the dwelling space of the Defendant, 201 located in the Busan Suwon-gu, Busan-gu, in a manner of drinking water, approximately 0.05 g of mephones (one philophone; hereinafter referred to as “philophones”), which is a local mental medicine, at the dwelling space of the Defendant.

2. On June 14, 2017, at around 20:34, the Defendant carried a phiphone by placing one plastic bag containing 502 Ecomher in Busan-gu, Busan-do, and 0.36g of philopon and one disposable injection device containing 0.06g of philopon on the cover of the water tank in the toilet water tank.

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. The investigation report (the 13,18 of a net time);

1. Application of the Acts and subordinate statutes notifying the results of legal evaluation;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection of imprisonment, respectively;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The first crime [the scope of the recommended punishment] under Article 67 proviso (100,00 won at the market price of 10,000 won at the one-time medication) of the Act on the Control of Narcotics, Etc.: The second crime without the basic area (10 months to 2 years) (10 months to 3 years), the basic area (10 months to 2 years) of the Act on the Control of Narcotics, etc. (the scope of the recommended punishment) [the scope of the recommended punishment] under the three types (10 months to 2 years) of the basic area (10 months to 3 years), the basic area (10 months to 2 years from 3 years from 10 years from 3 years to 3 years [the person who has no special sentencing person] without the same kind of force and recognized and reflected the fact of the crime, and the circumstances of the defendant's continuous administration in the appellate court, the method and circumstances of the crime in this case, the defendant's age in this case, and the following circumstances.