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(영문) 부산지방법원 2018.09.14 2017고단5385
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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

[2017 order 5385]

Reasons

Punishment of the crime

[2] On April 8, 2016, the Defendant was sentenced to one year to imprisonment for a violation of the Narcotics Control Act (competence) by this court on April 8, 2016, and completed the execution of the sentence in the Port of the Republic of Korea on February 19, 2017. The Defendant is not a handler of narcotics, etc. permitted or designated by the authority under the law.

On June 25, 2018, the Defendant administered philophones by mixing them with water at a single-use injection device containing approximately 0.03g of philophones from the warehouse after 'D' located in Busan Jin-gu C, Busan at around 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. An appraisal report, an investigation report (net 12), and a list of price lists of narcotics, etc.;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (9), personal confinement status, and application of the text of the judgment;

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. 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 punishment] 3 types of punishment (one year to three years), the aggravation area (one year to three years), the aggravation area (one year to three years) / the suspension of execution within three years) / [the decision of the sentence] the crime of this case is a simple medication, while the crime of this case is a same repeated crime, and the defendant was committed in the course of trial on the crime of cellphones, and the defendant was committed in the course of trial on the crime of this case, so it is possible to know how much law and trial are light, taking into account Article 51 of the Criminal Act, such as the non-guilty part [the non-guilty part] [the part] [the non-guilty part [the non-guilty part] [the part] 5385 years to 5385, 5383]; hereinafter referred to as "5383].

1. [5383] The prosecutor’s summary of the factory laboratory is as follows: on April 22, 2017, at the hotel hotel room of “F” located in the Busan District captain E on April 22, 2017, the Defendant 0.28g grophones, a local mental medicine medicine, to G, free of charge.

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