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(영문) 부산지방법원 서부지원 2017.07.06 2017고단332

마약류관리에관한법률위반(향정)등

Text

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

Seized evidence 4 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On December 2, 2015, the Defendant was sentenced to imprisonment for one year for a violation of the Narcotics Control Act in the Busan District Court’s branch branch branch, and completed the execution of the sentence in the official prison on February 19, 2017, and is not a narcotics handler.

1. Around 12:00 on April 18, 2017, the Defendant, in violation of the Narcotics Control Act, administered approximately 0.03 grams of Meptiles (one philopon) (one philopon), a primary mental medicine, in the E toilet located in Busan Southern-gu, Busan, by dilutioning approximately 0.03g of aquatic drugs into one’s left arms by using a disposable injection device.

2. A person who intends to engage in the business of selling medical devices in violation of the Medical Devices shall report his/her sales to the competent authority at each place of business, as prescribed by Ordinance of the Prime Minister.

Nevertheless, on April 19, 2017, the Defendant sold 35,000 won per unit to sell a medical device as a business selling the medical device without reporting the distribution business around the day of around the G street located in the Busan East-gu, by selling at least 70,00 won, a medical device for the inspection of psychotropic drugs and toxic substances in front of the G street located in the Busan East-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Protocol and list of seizure;

1. A statement on narcotics appraisal;

1. Items of medical devices and the classification by item, investigation report (related to the calculation of additional collection charges);

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

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (which means the administration of phiphones) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts, Article 52 subparag. 1, and 17(1) (which means the sale of non-reported medical appliances) of the Medical Devices Act, and each choice of imprisonment with prison labor;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Type 3 (b), such as the scope of the recommended punishment, medication, simple possession, etc.) of the same type;