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(영문) 부산지방법원 2017.10.27 2017고단4550

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

On July 4, 2016, the Defendant was sentenced to 10 months of imprisonment for a violation of the Narcotics Control Act at the District Court on the grounds of the violation of the Act on the Control of Narcotics, etc., and the Defendant completed the execution of the sentence at an Ansan Prison on March 8, 2017, and is not a narcotics handler.

1. Although the Defendant for injection of philopon was written as “H” on September 4, 2017, the charges in the charges in the charges in the case of Kim Jong-hae, the room is obvious that it is a clerical error and that it is recognized without modification of an indictment as in the above facts constituting a crime, and it does not seem to hinder the Defendant’s exercise of defense by recognizing that it is a clerical error, as in the case of the foregoing facts.

D Under the D, the philoopon was administered in a way of inserting approximately 0.05 g of Meopical clopon, which is a local mental medicine, into a single-use copon, dilution with water, and injection with a phiopon.

2. On September 6, 2017, the Defendant, holding phiphonephones, carried a phiphone in a manner in which approximately 1.02 gylphones are divided into white and paper bags in the guest room No. 501 “G hotel” located in Kimhae-si F, G, and a phiphone in a manner in which he/she puts them in white and paper bags.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols and lists of seizure, photographs and video outputs, investigation reports (9) and monthly trends of narcotics, and written expert evidence;

1. Previous convictions in judgment: Criminal history inquiry, sentence, and result of case inquiry, status of personal confinement, and application of Acts and subordinate statutes to investigation reports (netly 4);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the 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) of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] Medication, simple possession, etc., of the types of Class 3 (b) and the aggravated area (one year to 3 years) (one year) / Special Aggravation).