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(영문) 부산지방법원 2018.03.23 2018고단75

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On June 5, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. by this court, and completed the execution of the sentence on July 30, 2015 at the Busan Detention Center.

1. On November 2017, the Defendant administered a scopon in a single-use copon, inserting approximately 0.05g of Mepopon, which is a local mental medicine, at his residence (Seoul Northern-gu Cuba Cuba B, 200) in a toilet, and copon in a single-use copon, and dopon in a single-use copon, which is dilution with water, and then in a way of injecting it into a human blood transfusion.

2. On December 23, 2017, the Defendant administered philophones in such a manner that he laid about approximately 0.03g of philophones on paper at the same place as above, and inhales philophones directly into nose.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure, a report on investigation (9) and a statement on price lists of narcotics, etc.;

1. Previous convictions in judgment: Inquiry about criminal history, text of judgment, current status of personal confinement, and application of Acts and subordinate statutes (time 7) and subordinate statutes;

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc.