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(영문) 부산지방법원 2017.06.22 2017고단218
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and eight 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 December 29, 2016, the Defendant: (a) put D Apartment 114-dong 810, the Defendant’s residence of the Defendant in Busan City, into two for a single-use injection devices, approximately 0.07 gh (one philopon; hereinafter “philopon”); and (b) injected the philopon into two for a single-use injection devices; and (c) injected the philop in a way of injection into the arms, respectively.

2. On January 5, 2017, the Defendant administered philophones by inserting approximately 0.07g of philophones into a single-use injection machine, dilution with water, and administering philophones in a way of injection into arms.

Summary of Evidence

1. Statement by the defendant in court (seven times);

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

1. Police seizure records;

1. A narcotics appraisal report and a report on the modification of the claim;

1. A reply to each fact-finding inquiry;

1. The application of Acts and subordinate statutes to the investigation report (20 times a month);

1. Article 60 (3) and Article 60 (1) 2, and Article 4 (1) 1 and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act on criminal facts (or 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. 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. Crimes 1 for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [the scope of punishment / [the scope of recommendation] 3 types of crimes (1 to 3 years), including medication, simple possession, etc. (1 to 3 years) [the person subject to special aggravated punishment] / the scope of punishment / the aggravated area of three types (1 to 3 years of punishment) (1 to 3 years of special aggravated punishment) / the aggravated area (1 to 3 years of special aggravated punishment) / [the scope of punishment] the aggravated area of three types of crimes (1 to 3 years of special aggravated punishment] / The final sentence scope of punishment pursuant to the majority aggravated punishment: one year to 4 years [the decision of sentence] / six months [the defendant has the same kind of crimes or the same kind of crimes, and repeatedly commits the crimes of this case during the suspended execution period, and repeatedly commits the investigation and investigation.

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