beta
(영문) 부산지방법원 서부지원 2018.05.08 2018고단407

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On June 8, 2016, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act in the Changwon District Court’s branch for the crime of violation of the Act on the Control of Narcotics, etc., and the execution of the sentence was terminated on December 9, 2016 at the Ansan Prison.

[Criminal facts] The Defendant is not a narcotics handler

1. On February 2, 2018, the Defendant: (a) dumpedd DNA telephone 302 located in Kimhae-si C on February 1, 2018, around 19:00; and (b) Mediphone 0.03g, a local mental medicine, with E, into Mediphone 0.03g of Mediphone (hereinafter “Mediphone”; hereinafter) and administered the Mediphone by drinking it.

2. On February 2, 2018, the Defendant committed a crime in the middle of February 2018, 2018, scopon 0.03g of philopon delivered by F at the same place as that indicated in paragraph 1, and administered it by dratizing it to coffee.

3. On February 26, 2018, the Defendant committed a crime: (a) on February 26, 2018, within the first floor toilet of H Hospital (Clerks) located in Gyeongnam Kim-si G in Gyeongnam-si, Kim Jong-si, G around 23:30 on February 26, 2018; (b) after dilution with B of philophone 0.07g, delivered by I, the Defendant administered it by diling it into coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Each investigation report;

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

1. Response to a request for appraisal;

1. Reports on the results of the preliminary test of narcotics, and monthly trends of narcotics;

1. The contents of K dialogue;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the date of release from office and attachment of the same military record), summary information of the case, personal expropriation status, and application of the text of the judgment;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes, Articles 60 and 60 (1) 3 and 2 of the same Act on the Management of Narcotics, etc. and Selection of Punishment

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

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Category 3 (b) such as medication, simple possession, etc., of the first offence (the scope of the recommended punishment);