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(영문) 부산지방법원 2018.05.29 2018고단1449
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On March 17, 2018, at around 18:30, the Defendant injected a disposable injection device, which contains a fluoric mental disorder, which is a fluoric mental medicine (one philopon; hereinafter referred to as “philopon”), divecopic fluor’s fluorculculic fluor C, at the Defendant’s home located in Changwon-si, Changwon-si, Madropoon C, and so on, administered the philopic copic, respectively.

Accordingly, the Defendant conspiredd with D to administer philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the three-time protocol concerning D to examine the suspect of the prosecution;

1. A written expert opinion on defense;

1. Application of the Acts and subordinate statutes governing price lists of narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, Article 30 of the Act on the Selection and Management of Narcotics, etc. for Criminal Facts, and Selection of Imprisonment with prison labor;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment], the medication and the simple possession, etc. of the sentence, and the basic area (from October to two years) of the sentencing guidelines;

2. A extenuating circumstances that are disadvantageous to the decision of sentence: A extenuating circumstances that are favorable to the fact that there are several times of criminal records in the same kind of crime (three times of imprisonment with prison labor and one fine): Taking into account all the conditions of sentencing, including the ages, sex, environment, motive, means, results, and circumstances after the crime;

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