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(영문) 부산지방법원 2017.05.12 2017고단59
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 to 3 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On December 29, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court for two years and six months on September 18, 2016, and completed the execution of the sentence at the first intersection of the North Korean Dos on September 18, 2016, and is not a narcotics handler.

1. On December 28, 2016, at around 15:00, the Defendant administered phiphones by dilution approximately 0.05 g of Mesocopon with the Defendant’s residence (Seoul Young-gu C, 701, Busan Young-gu) with water from Mecopon patients (one philopon; hereinafter “philopon”), which is a local mental medicine, and then administering philopon by means of injecting the Defendant’s Mecopon with the Defendant’s Mecopsis using a single-use injection device.

2. The Defendant, at around 17:00 on the same day, carried approximately 0.93gh and 1.14g in total of philophones, which contained in the margin of vinyl D (0.93g) and 2 for single-use injection equipment, on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a record of seizure and a list of seizure, a criminal investigation report (at least 6, 7, 18 times a month), each photograph, and each result of expert evidence;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (netly 16), personal confinement status, and application of the text of the judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 67 / [the scope of the recommended punishment] medication, simple possession, etc.

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