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(영문) 부산지방법원 2018.03.15 2017고단6307
마약류관리에관한법률위반(향정)
Text

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

1,00,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, from August 5, 2017 to April 14 of the same month, the Defendant administered philophones by means of a method of drinking the mephones (one philophone, hereinafter “philophones”), which is a local mental medicine, at the place of his own residence located in Busan Yaro-gu, Busan Y, with the mephones (one philophones, hereinafter “philophones”).

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A copy of an investigation request, text of judgment, and a protection observation card;

1. A statement on narcotics appraisal;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including net time8, judgment and personal confinement status);

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. for Crimes (or Selection of Imprisonment with prison labor);

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. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the scope of punishment ] Aggravation of medication, simple possession, etc. (1 to 3 years) / (1 to 3 years of special aggravation] / (2 to 3 years of suspension of execution) / [the decision of sentence] / The crime related to narcotics is likely to affect the general society of society by impairing the health of the people or causing another crime due to addiction, decilation, etc. of narcotics, etc., and it is highly difficult to detect it in light of its characteristics, and thus adversely affecting society as a whole due to high risk of recidivism.

Although it is important to guide the individual halog medications to stop narcotics, it is also important to eliminate the cruel environment of narcotics due to strong toxicity of narcotics such as penphonephones.

In general, the general narcotics offenders report on the upper line or the leaving of a ship, showing their will to recognize the facts of crime in the course of investigation or trial.

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