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(영문) 부산지방법원 2017.07.13 2017고단1425
마약류관리에관한법률위반(향정)
Text

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

subparagraph 1 of the seized evidence shall be forfeited from the accused.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On September 28, 2016, at the Defendant’s residence located in Busan Dong-gu, Busan around the same day, the Defendant administered chophones (one philopon; hereinafter “philopon”) approximately 0.03g of Melopon in the water, which is a local mental medicine that was delivered by C at a time on the same day.

2. On December 15, 2016, at around 22:00, the Defendant administered chophones in the E-marter located in Busan Shodong-gu, and around 2.50,000 won on the same day to F and about 0.03g of chophones purchased at the coffee.

3. On December 16, 2016, the Defendant: (a) accumulated approximately 0.66g of the remaining philophones administered as in the preceding paragraph at the dwelling of the Defendant, G Apartment G, 312-dong 1508, 312-dong 31508, G, Busan; and (b) carried the philophones by setting them above the table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Protocols of seizure by prosecution;

1. Each investigation report (including evidence attached to 1, 2, 21, and 21 each time);

1. A report on investigation (related to the calculation of an additional collection charge);

1. Each appraisal report, and the application of Acts and subordinate statutes of one appraisal report (netly 28);

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. 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;

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. A second-class crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act / [the scope of a recommendation / [the scope of a recommendation / 10 to 2 years] of the basic area (10 to 3 years), including medication, simple possession, etc. / [the scope of a recommendation / the scope of a recommendation / the scope of a recommendation / the scope of a simple possession] of the basic area (10 to 2 years) of the / [the person subject to special sentencing] of the basic area (10 months to 3 years).

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