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(영문) 부산지방법원 2017.12.15 2017고단5314
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

On January 13, 2016, the Defendant was sentenced to imprisonment for two years with labor for a violation of the Narcotics Control Act at the Chuncheon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and on August 18, 2016, the above court sentenced four months to a violation of the Act on the Control of Narcotics, etc., and completed the execution of each of the above punishment at the Ansan Prison on June 25, 2017, and is not a narcotics handler.

1. On October 15, 2017, from around 00:00 to around 05:00, the Defendant administered a phiphone in a way that mephones (one gramphone; hereinafter referred to as “phiphones”), which are a local mental medicine, from the 3rd floor of the building located in the Busan Bluxing Port C, in a way that mephones (one gramphone; hereinafter referred to as “phiphones”).

2. On the same day as paragraph 1, the Defendant: (a) sent the instant singing room and then was located in the vicinity of around 05:00, and (b) the Defendant: (c) sent the instant singing room at around 05:0, F, who was a stove, stove in a 305 room of “Eel”; (d) used the stovephone in a way that F, who was a stove in a toilet, had the female s to take the stove on the ctove, and then let F, puts the s to the stove.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F;

1. A protocol of seizure and a list of seizure, a report on investigation (10) and a statement on price lists of narcotics, etc.;

1. Previous convictions in judgment: Inquiry about criminal history, investigation reports (netly seven times), text of judgment, and application of Acts and subordinate statutes concerning the status of personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by 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. Crimes 1 (Use of Handphones) for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of a recommendation), 3 types (b) for medication, simple possession, etc. (1 to 4 years and 6 months) for special aggravated area (1 to 4 years) for the special aggravated area (a special aggravated person) / Where there are reasons for special criticism in motive for the crime, the same criminal record and the same criminal record (3 years) for the same reason.

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