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(영문) 부산지방법원 2017.11.17 2017고단4538
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 15, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court for ten months, and completed the execution of the sentence at the Changwon Prison on November 16, 2015, and is not a narcotics handler.

On August 29, 2017, the Defendant administered a megatocule, which is a local mental medicine (hereinafter referred to as “philopon”), in a manner of drinking around 0.05g in water in front of the border of 04:15 (Jinju City C).

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, respective appraisal records, investigation reports (23 times a month), and list of price lists of narcotics, etc.;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history, summary information inquiry, text of judgment, and current status of acceptance of individuals;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by imprisonment)

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc. (one year to three years) in the area of aggravation (one year to three years) [the person subject to special aggravation] in the area of aggravation (not less than three years to three years] [the decision of suspension of execution within three years] in the scope of sentence according to the sentencing guidelines]. Meanwhile, the crime of this case is a repeated crime of the same kind within the scope of sentence according to the sentencing guidelines. On the other hand, the crime of this case is a simple medication one time, and the relation between family members is deemed to be maintained.

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