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(영문) 부산지방법원 2018.05.29 2018고단830 (1)

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

A divers for once seized (in Busan District Prosecutors' Office, No. 590 of pressure, No. 2018)

Reasons

Punishment of the crime

[Criminal history] On January 21, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on January 21, 201, and completed the execution of the said sentence on May 27, 2017.

[Criminal facts]

1. Around 22:00 on February 28, 2018, Defendant 2018 was administered in a way of inserting approximately 0.03g of meconc with meconc in a so-called “propopon” (hereinafter referred to as “propopon”) at a coffee toilet where the name near the Defendant’s residence located in Busan-gu, Busan-gu, could not be identified, even if the drug was not a handler, and then injection was made by inserting approximately 0.03g of meconc with meconcil in a one-time injection machine and dilution it.

2. Around August 7, 2017, Defendant 1545, even though he/she is not a narcotics handler, was administered by inserting approximately 0.03g of diaphonephone-phones into a disposable injection machine, which is a local mental medicine, at a small room located in E’s house located in Busan Seo-gu, Busan, Busan, on August 7, 2017, and dilution with the water.

Summary of Evidence

[2018 Highest 830]

1. Statement by the defendant in court;

1. Written appraisal and investigation report (calculated as a surcharge);

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Copy of a response to a request for appraisal and a report on investigation (calculated of a surcharge);

1. Inquiry about criminal history (No. 31 No. 5 of the evidence list in 2018 order 830);

1. The current status of acceptance by each individual (2018 High Order No. 830 No. 20) and the application of statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of punishment recommended for crimes Nos. 1 and 2] Medications, simple possession, etc., and the aggravated area (one year to three years) (one year to one year) of the aggravated area (one year to three years) of the said Act] previous convictions (a suspended sentence of three years or less).