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(영문) 부산지방법원 2019.02.19 2019고단259
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 10, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on January 10, 2018, and the execution of the sentence was completed on September 28, 2018 at the Common Detention House.

피고인은 법률에 따라 당국의 허가나 지정을 받은 마약류 취급자가 아님에도 불구하고 아래와 같이 마약류에 속하는 향정신성의약품인 메트암페타민[Methamphetamine, 일명 ‘필로폰(ヒロポン, Philopon)’, 이하 ‘필로폰’이라 한다]을 취급하였다.

On January 18, 2019, the Defendant, at around 23:30 on January 23:3, 2019, put about approximately 0.03g of philopon into a single-use guest room, melting water into the left part and administered it in a way of injecting it into the bloodline.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure, photographs and video output materials, investigation reports (number 13), records on the transaction prices of narcotics, etc., records of appraisal;

1. Previous convictions in judgment: Criminal records, investigation reports (time 1), results of confinement of prisoners, and application of statutes governing judgment;

1. Imprisonment with prison labor under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Establishment of Relevant Acts and the elective Control of Narcotics, etc. concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] medication, simple possession, etc. of the category 3 (1 to 3 years) (1 to 3 years) of the aggravated area (1 to 1 year) of the same criminal records (1 to 3 years of suspended execution) [the decision of sentence] of the same criminal records (2 to 3 years of suspended execution] according to the sentencing guidelines, the crime of this case is a repeated crime of the same kind. Meanwhile, the crime of this case is a simple medication, etc.,

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