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(영문) 부산지방법원 2019.02.19 2018고단5977

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence 1 to 3 shall be confiscated.

10,000 won from the defendant

Reasons

Punishment of the crime

On July 8, 2016, the Defendant was sentenced to two years of imprisonment for violation of the Act on the Control of Narcotics, Etc. in the Suwon District Court, and completed the execution of the sentence on January 5, 2018 in the Suwon District Court.

피고인은 법률에 따라 당국의 허가나 지정을 받은 마약류 취급자가 아님에도 불구하고 아래와 같이 마약류에 속하는 향정신성의약품인 메트암페타민[Methamphetamine, 일명 ‘필로폰(ヒロポン, Philopon)’, 이하 ‘필로폰’이라 한다]을 취급하였다.

1. At around December 27, 2018, the Defendant administered 0.05 g of philophones on the alleyway near Songpa-gu Seoul Metropolitan Government B in a manner that inhales the smoke generated by heating it on the alleyway and inhales it.

2. Around December 19:00 on December 27, 2018, the Defendant possessed approximately 29.05 gilphones, which were contained in three transparent vinyls in front of the Songpa-gu Seoul building, located in three transparent vinyls.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure, photographs and video outputs, investigation reports (number 17, 21), narcotics cancer transaction prices table and appraisal reports;

1. Previous convictions: Criminal records, investigation reports (No. 14), judgment and application of Acts and subordinate statutes to the status of personal confinement;

1. Imprisonment with prison labor under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Establishment of Relevant Acts and the elective Control of Narcotics, etc. concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confiscation under Article 48 (1) of the Criminal Act, and the main sentence of Article 67 of the Narcotics Control Act;

1. The grounds for sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of final sentence due to the aggravation of multiple crimes (a period of one year to three years) in the area of aggravation (one year to three years) in the area of aggravation (one year to three years) of category 3 (a person under special guard) of the Act on the Control of Narcotics, Etc.: the same shall apply according to the sentencing guidelines for one year to four years (a decision of sentencing).