beta
(영문) 부산지방법원 2018.11.29 2018고단4274

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On August 2018, the Defendant administered philophones in a way that clopon clopon, which is a local mental medicine, in the building Busan Shipping Daegu B, and the front corridor C, in a manner that clopon clopon clopon (hereinafter “lopon”).

2. On September 15, 2018, at around 03:00, the Defendant administered phiphonephones in a way that scopon scopon scopon scopon scopon scopon on a drink.

3. On September 15, 2018, the Defendant carried philophones by inserting approximately 0.9g of philophones contained in vinyl B in Busan Shipping Daegu building and C, and plastic toilets, into the toilet box. The Defendant carried philophones by storing them in the toilet box.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Police seizure records;

1. Each response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (p) of Article 2 of the Act on the Management of Narcotics, etc. for Crimes under the relevant Act and the Selection of Punishment;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on the market price of 100,000 won for a one-time medication) was that the Defendant was sentenced to imprisonment with prison labor for fraud at the Busan District Court on January 26, 2017, and the period of parole expired on July 28, 2017 during the execution of the sentence and August 19, 2017).

Although the crime of this case was committed, there is no record of being punished as a violation of the Narcotics Control Act, and there is no other narcotics such as simple medication and possession, and recognizing the fact of the crime again.

In addition, the circumstances, means and methods of the crime of this case, and after the crime.