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(영문) 부산지방법원 2018.03.23 2018고단164

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On August 27, 2015, the Defendant was sentenced to one year for a violation of the Act on the Control of Narcotics, etc. by this court, and completed the execution of the sentence on May 3, 2016 at the Busan Detention Center.

1. On July 24, 2017, the Defendant received philophones from I to receive approximately 0.03 g of mephones (one philophone; hereinafter referred to as “philophones”), which are local mental drugs, within the passenger car parked in the Hocop G located in the Geum-gu Busan Metropolitan City.

2. On August 25, 2017, the Defendant administered phiphonephones in a manner of drinking water from a mother K's home located in the Busan East-guJ on August 19, 2017 to a drinking water from a mother K's home located in the Busan East-guJ.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, investigation report (net 16,19), and list of price lists of narcotics, etc.;

1. Previous convictions: Inquiry about criminal history, results of screening prisoners, and application of the text of the judgment;

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. 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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 67 / [the scope of the recommended punishment] medication, simple possession, etc.