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(영문) 부산지방법원 서부지원 2018.06.15 2018고단573
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Nos. 2, 4 through 7, which have been seized by the defendant, shall be confiscated, and only 10,000.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a handler of narcotics, the Defendant received, administered, or injected the Mesopha (one philophone, hereinafter referred to as “philophone”) which is a local mental medicine as follows.

1. Points of giving and receiving philophones;

A. On March 11, 2018, the Defendant received approximately 4.54 grams from D on March 11, 2018 from the roads in front of the Changwon-si C market, Changwon-si, and received them without compensation.

B. On March 12, 2018, the Defendant received approximately 2.32 gramphones from D on March 12, 2018 from the way near the Sungdong-gu Seogdong, Daegu-gu police station around the Sungdong-gu, which received approximately 2.32 grams from D without compensation.

2. On March 12, 2018, the Defendant, at the window E in Changwon-si around 08:30 on March 12, 2018, put about about 0.04g of philophones received from the above D in a disposable injection machine, added them into a disposable injection machine, added them into his left cryposis, and injected them into one’s left cryp serum.

3. On March 12, 2018, the Defendant: (a) around 13:25, at H office located in Busan Northern-gu G, the Defendant spent approximately 6.82g of the remaining portion of the penphones received as described in the foregoing paragraph 1, as in the foregoing paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Two copies of a reply to a request for appraisal and a narcotics appraisal report; and

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of an additional collection charge);

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. 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. Reasons for sentencing under Article 67 of the Act on the Control of Narcotics, etc. subject to Confiscation and Additional Collection [the scope of the sentencing guidelines] - The point of receiving and receiving phiphones ] - The basic area (1-2 years to 1-2 years to c. item (b) and (c)) basic area (1-2 years to c.) - the point of administering c. - the basic area (1-2 years to c. item (b) and item (c) of the c. of simple possession of medication) - The basic area (10-2 years to 3 years to 3 years to 3) basic area (10-2 years.

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