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(영문) 부산지방법원 2017.07.07 2017고단2515

마약류관리에관한법률위반(향정)

Text

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

Part of seized evidence 1 to 6 which is not consumed for appraisal.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On May 10, 2017, the Defendant administered a philopon in Ulsan, in front of “D” (Ulsan Nam-gu E), a Melopon, which is a local mental medicine, by inserting approximately 0.07g of the Melopon (i.e., a single philopon; hereinafter “Wlopon”) into a single-use injection machine, dilution it with water, and then injection into the arms.

2. On May 11, 2017, the Defendant administered phiphones by inserting approximately 0.07g of phiphones into a single-use injection machine at around 305 heading rooms located in Busan Shipping Daegu F on May 11, 2017, and dactons into the arms after dilution with water.

3. On the same day as paragraph 2, the Defendant, at around 22:05 on the same day, carried 1 plastic bags and approximately 0.59g, approximately 0.09g, approximately 0.07g, approximately 0.07g, approximately 0.09g, and approximately 0.09g, respectively, by inserting five philophones containing approximately 0.09g, respectively, in the face of the west.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of March 2017 of the monthly trend of narcotics, etc. and the list of seizure and the list of seizure, each photograph and image output, each appraisal document, the investigation report (netly 19), and the investigation report (netly 19);

1. Punishment under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., Article 48 (1) of the Criminal Act [a prosecutor is also subject to forfeiture as referred to in subparagraph 7 of the evidence, but there is no direct connection with the crime];

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] Medicationing and simply carrying, etc. the scope of final sentence due to the aggravation of multiple crimes (one year to three years) in the area of aggravation (one year to three years).