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(영문) 부산지방법원 서부지원 2017.04.24 2017고단74
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Seized 2.9g (Evidence No. 1) shall be confiscated.

from the defendant.

Reasons

Criminal facts

The Defendant was sentenced to imprisonment for one year and two months for a violation of the Narcotics Control Act at the Daegu District Court on December 15, 2015 and completed the enforcement of the sentence on November 9, 2016, and is not a narcotics handler.

1. On February 23, 2017, the Defendant provided 0.7g of Melopon (one philopon; hereinafter “philopon”) 0.7g of Melopon, which is a local mental medicine, at D restaurant located in the Glopon-gun, Glopon-gun, Ghopon-gun, and provided to E free of charge.

2. On March 10, 2017, around 20:00, the Defendant administered the vehicle by dilution with 0.05g philopon into cans and coffees within the Defendant’s vehicle parked on the street located in the scopic scopic seat of the Daegu-gu Sungdong-gu.

3. On March 13, 2017, at around 22:50, the Defendant filed a lawsuit by storing 2.9g of philophones in the Defendant’s car in front of the D restaurant as set forth in paragraph 1, in a manner of keeping them in the Defendant’s car.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Police seizure records;

1. A statement on narcotics appraisal;

1. Each photograph;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, the current status of personal confinement, and the application of the Acts and subordinate statutes applicable to the Daegu District Court Decision 2015 High Court Decision 4600

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Crime and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes as provided for in the Act on the Control of Narcotics, etc. due to the Provision of the most heavy scopon);

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The scope of applicable sentences under law: Imprisonment for one month to 30 years; and

2. Scope of recommended punishments on the sentencing criteria: Imprisonment with prison labor for a period of one year and six months from one year to six years.

(a)One offence: by the provision of philophones;

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