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(영문) 부산지방법원 2018.07.09 2018고단1450

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Nos. 1 through 12 of the evidence seized by the defendant shall be confiscated, and 10.

Reasons

Punishment of the crime

[criminal history] On July 16, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court on one year and four months, and completed the execution of the sentence at the original prison on June 27, 2016.

[Criminal facts] The Defendant is not a narcotics handler

1. On March 22, 2018, the Defendant put approximately 0.05g of Megaptopop, which is a local mental medicine, in a single-use cell, at around 01:00 the Defendant’s house located in Daegu Suwon-gu C and 205, into a single-use cell, and administered mephones by melting it into the left bloodline.

2. On March 26, 2018, at around 16:45, the Defendant: (a) divided approximately 72.1g of phiphones into seven plastic bags; and (b) carried phiphones by inserting approximately 1.92g of phiphones into two plastic bags in a plastic bag. The Defendant carried phiphones by inserting approximately 1.92g of phiphones into two plastic bags.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Notification of the result of legal and chemical appraisal;

1. A report on investigation (calculated additional collection charges);

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

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

5. Grounds for sentencing under the proviso to Article 67 of the Narcotics Control Act.

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] , medication, simple possession, etc., and the scope of the final sentence due to the aggravated area (1 to 3 years) (1 to 3 years) of the aggravated area (1 to 3 years of the special aggravated area) of the same type of punishment (a person subject to suspended execution for not more than 3 years) : One year to 4 years;

2. As a result of the same crime that has been sentenced, the perpetrator committed the instant crime during the period of repeated crime, and has the record of being punished four times for the same crime.