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(영문) 부산지방법원 2017.10.26 2017고단4760

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

equivalent to the above additional collection.

Reasons

Punishment of the crime

On July 15, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court for ten months, and completed the execution of the sentence on December 5, 2015.

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On September 13, 2016, the Defendant administered philopon in a way that clopopon (a single philopon; hereinafter “philopon”) in the shape of Melopon (a single philopon”; hereinafter referred to as “philopon”) of Melopon, which is a local mental medicine, at the dwelling of the Defendant, located in Kimhae-si, 301.

2. On February 2, 2017, the Defendant, on the ground of the residence of the Defendant, injected philophones into a single-use injection machine ( considerable to a single-use medication) at the seat of the Defendant’s residence, and dilution with water, and administered philophones with the method of injecting them into the arms blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of suspects by a part of the prosecution with regard to D (including the whole part of examination);

1. Police seizure records;

1. Each narcotics appraisal report and each gene appraisal report;

1. A criminal investigation report (at least 21,24 times a month);

1. A report on investigation (calculated additional collection charges);

1. Response to a request for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including net 20 times a year, additional rulings, and current status of personal confinement);

1. Selection of a person who commits a crime under 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, and selection of a person who is sentenced to 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 proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);

1. Crimes No. 1 of Article 334(1) of the Criminal Procedure Act with reasons for sentencing [the scope of recommendations] of Article 334(1) of the Criminal Procedure Act, and crimes No. 2 of the aggravated area (1 to 3 years) (1 to 3 years) of the aggravated area (a person subject to special aggravated punishment] of the same type (a person subject to suspended execution for not more than 3 years) before the same end (a person subject to suspended execution for not more than 3 years).