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(영문) 부산지방법원 2017.07.06 2017고단2873

마약류관리에관한법률위반(향정)

Text

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

Seized evidence 1 through 15 shall be confiscated from the accused.

Reasons

Punishment of the crime

Although the Defendant was not a narcotics handler, the Defendant treated the narcotics as follows:

1. On May 29, 2017, around 03:00, the Defendant administered a philophone in a manner that inhales 1025 DNA (i.e., one philophone, hereinafter referred to as “philophone”), which is a local mental medicine, by raising the clophone in a gambling place, and then inhales the smoke.

2. On May 29, 2017, the Defendant carried five plastic bags containing approximately 1.02g, approximately 0.63g, approximately 0.18g, approximately 0.19g, and approximately 0.15g, and approximately 0.1g of plasticphones, at the places identical to the preceding paragraph, on May 29, 2017, and at the places where approximately 0.1g, approximately 0.1g, approximately 0.1g, and approximately 0.1g, respectively, in total, in which the Defendant put three disposable injection equipment containing approximately 2.58g, in his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Photographs (one minute);

1. Police seizure records;

1. A maternity appraisal report;

1. Notification of the results of each legal chemical appraisal;

1. The application of Acts and subordinate statutes to the investigation report (timely 17);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment);

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. Standards for the market price of 100,000 won for a single philopon as stated in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection;

1. Crimes 1 for the reason of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendations] 3 types of crimes (1 to 3 years) in the area of aggravation (1 to 3 years), such as medication, simple possession, etc. (1 to 3 years), 3 years in the area of aggravation (1 to 3 years in the area of special aggravation) [the scope of recommended punishment] 3 types of crimes in the area of aggravation (1 to 3 years in the items (2) and (c) of the items (1 to 3 years in the scope of recommendation] in the area of aggravation (1 to 3 years in the case of special aggravation] in the area of aggravation (1 to 3 years in the case of suspension of execution within 3 years), 1 to 4 years (decision of sentence] in the case of the defendant.