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(영문) 부산지방법원 2018.07.11 2018고단858

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

50,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

The Defendant, even though not the handler of narcotics, handled the following narcotics:

1. On January 20, 2018, the Defendant: (a) received request from S (hereopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopicopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopicopopopopopopopicopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopop

Accordingly, the Defendant traded approximately 0.7g of philophones.

2. On February 24, 2018, the Defendant administered a philophone medication in a way that 01:00 ponconconconconconconconconconconconconconconconconconconconconconconconconconconconconconconconconconc

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer with respect to the defendant, S, T, or Z, and a protocol of examination of the suspect;

1. Details of the entry into and withdrawal from agricultural cooperatives accounts;

1. Response to a request for appraisal;

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

1. Application of Acts and subordinate statutes to the prosecution and forwarding documents;

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 (the sales of philophones and the provision of medication, and the selection of each imprisonment with prison labor);

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 scope of final sentence due to the aggravation of multiple crimes in the basic area (i.e., the scope of a recommendation) of Type 2 (1 to 2) in the basic area (1 to 2 years) (i.e., the scope of a recommendation), including medication and simple possession, etc., of the crimes falling under Category 3 (b) (3) in the basic area (10 to 2 years) of the Act on the Control of Narcotics, Etc. for the reason of sentencing under the proviso of Article 67 of the Act: one year to 3 years (a decision of sentencing) is a normal sentence for the defendant without any criminal history related to narcotics and against his/her mistake.