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(영문) 부산지방법원 2017.08.11 2017고단2237

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 October 20, 2015, the Defendant was sentenced to two years of imprisonment for a violation of the Narcotics Control Act in the Busan District Court's Dong Branch branch branch(hereinafter referred to as the "Act") and completed the execution of the sentence in the Jinju prison on March 21, 2017.

Despite the fact that the Defendant is not a narcotics handler, around April 9, 2017, at around 18:00, administered a philophone in a coffee (hereinafter “D”) located in Busan Shipping Daegu, Busan. At around 15, 2017, the Defendant appeared to be “F” because he made a statement at an investigative agency as a E hotel located in the E hotel.) a man’s toilet, which is a local mental medicine, administered 0.03g of 0.03 grophone (hereinafter “philophone”).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure, an appraisal report, and an investigation report (10 times a month);

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (1) and search results of prisoners, application of the text of the judgment;

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. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommended punishment), medication, simple possession, etc. (the items (b) and (c)) of the basic area (the period between October and two years) / Special mitigation (the period between October and two years);

1. Cooperation in investigation that is important for mitigated persons;

2. The scope of the sentence compared with the punishment of the same criminal record and the punishment of the punishment (not more than a three-year suspension period): Within the scope of the sentence according to the sentencing guidelines for 10-2 years (decision of the sentence), the head of the Jinju police station has committed the same kind of crime after release; on the other hand, he was informed that the head of the Jinju Police station arrested the drug offender by the defendant's information; on the other hand, as the head of the G hospital addiction treatment department is under the treatment and rehabilitation of the defendant, the possibility of recidivism of the defendant is relatively low; the relationship between family members is maintained; and the single medication is taken into account as prescribed in Article 51 of the Criminal Act.