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(영문) 부산지방법원 2018.04.06 2018고단352

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 May 28, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act by this court, and completed the execution of the sentence on January 24, 2016 at the net prison on January 24, 2016, and is not a narcotics handler.

On January 14, 2018, around 01:0, the Defendant put about approximately 0.03g of Metepopa (one diaphone; hereinafter referred to as “philopopa”) a mecopa (one philopon”; hereinafter referred to as “philopa”), a primary mental medicine, into a single-use injection machine, and dilution with water, and administered philopa in a way of injection into the mecopa.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure, each photograph and image output (including closed circuit television images), appraisal report, investigation report (netly 10), and list of price of narcotics, etc.;

1. Previous convictions in judgment: Inquiry about criminal history, investigation reports (9 times a year), text of judgment, and application of Acts and subordinate statutes concerning the status of personal confinement;

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. A person who has been mitigated from the basic area (10 months to 2 years) (a person who has been specially mitigated) (a person who has been mitigated from the basic area) (10 months to 3 years) of the Act on the Control of Narcotics, Etc. (a person who has been mitigated from the special mitigation) for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: (a) within the scope of the above sentence according to the sentencing guidelines for the same criminal history (a decision to suspend the execution for not more than 3 years): (b) within the scope of the above sentence; (c) the person who has been subject to the same repeated crime; and (d) the person who has been sentenced to the