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(영문) 부산지방법원 2018.06.18 2018고단1554
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

No. 3 of the evidence seized by the defendant shall be confiscated, and 60,000 won shall be additionally collected.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On March 31, 2018, around 00:30, the Defendant sold a penphone with approximately KRW 0.1g 0.1g of Melopon, which is a local mental medicine, after having been paid KRW 60,000 to E, from March 31, 2018.

2. On April 3, 2018, the Defendant possessed a philophone by inserting a disposable injection machine in front of “G store” located in “G store,” Busan, U.S., in Busan, in a manner of placing it in a letter bag and placing it in a bags. In addition, the Defendant carried a philophone.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of E in the police interrogation protocol against the defendant

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

1. Application of the Acts and subordinate statutes notifying the results of legal and chemical appraisal;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

4. Grounds for sentencing under the proviso to Article 67 of the Narcotics Control Act.

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes of category 1 [the scope of the recommended punishment] and the scope of the final punishment due to the aggravated punishment [the scope of the punishment for the crimes of Category 2 (the scope of the recommended punishment), which have no basic area (one year to two years) (one year to two years) (the scope of the recommended punishment] (the scope of the recommended punishment), such as medication and mere possession, etc.) of the basic area (three months to two years) of the three types (the scope of the recommended punishment; b) (the items (a) and (c)] of the basic area (one month to two years): one year to three years;

2. The principal crime of this case, which is determined to be sentenced to a sentence, shall be sentenced in consideration of the circumstances unfavorable to the circumstances after the crime, such as where the relevant crime is committed as a sale of narcotics, where the liability for the relevant crime is serious, where the route of obtaining narcotics in the course of investigation is not clearly stated or falsely stated, etc.

However, there is no record of punishment for the same crime, and sales volume.

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