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(영문) 부산지방법원 2017.08.10 2017고단2052
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for seven months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2017, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on February 16, 2017, and the said judgment became final and conclusive on July 8, 2017.

Criminal facts

Although the Defendant was not a narcotics handler, the Defendant treated the narcotics as follows:

1. On December 26, 2016, the Defendant: (a) put in a single-use injection device; (b) Mebrophones (one philophone; hereinafter “philophones”); (c) Mebrophones (one-time medication equivalent to one-time medication); and (d) injected mephones by means of injecting them into a human diveter; and (c) dilution into a human diveter; and (d) mephones.

2. On December 27, 2016, around 17:30, the Defendant carried a phiphone in a manner that stores two disposable injection equipment containing approximately 0.16 g of phiphones in front of the Busan Dong-gu E, Busan, and two bio-phones containing 0.23 lives containing 0.23 lives of non-fluoron, which contained 0.23 lives of non-fluor.

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. A written appraisal of each drug;

1. A criminal investigation report (calculated of additional collection);

1. Previous convictions: Inquiry about criminal history, search for each case (ex officio evidence), and application of each of the court rulings (ex officio evidence);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, Article 337 of the Criminal Procedure Act, and the latter part of Article 37 of the Criminal Act, do not apply to the sentencing guidelines.

b)the same power;

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