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(영문) 부산지방법원 2018.08.10 2018고단2199
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2. Amphere, seized Memphere, approximately 0.44g (Amphere by appraisal 0.03g.

Reasons

Punishment of the crime

1. On August 11, 2016, the Defendant was sentenced to imprisonment for one year for a violation of the Narcotics Control Act at the Busan District Court, and completed the execution of the sentence on June 7, 2017.

2. The Defendant is not a handler of narcotics as prescribed by the Narcotics Control Act.

A. On May 15, 2018, around 14:30, at the front of the D Hospital located in Seo-gu Busan Metropolitan City (59 taxes) in Busan Metropolitan City, one disposable injection machine (one philopon) containing approximately 0.07 g of a local mental medicine, and deliver and receive it without compensation;

B. Medication, around 16:00 on May 15, 2018, at the toilets of the above D Hospital, approximately 0.04g Metepia mpia in a coffee;

C. On May 16, 2018, around 15:25, G hospital located in the Seo-gu Busan, Seo-gu, Busan, in the front of the emergency room of G hospital, one vinyl paper containing approximately 0.47g of the Metetramins, and one yellow mixer containing approximately 0.16g of the Metetramins, and one yellow mould be placed in the Australian machine.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) Copy of the protocol concerning the interrogation of suspect E;

(c) Police seizure records;

(d) each request for appraisal.

2. The records of the offense;

(a) a response to inquiries;

B. “Verification of the fact that he/she is in the same kind of power and the same repeated crime”

C. Application of each statute of the judgment

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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

3. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the punishment due to the receipt of the largest mert mert notes).

4. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) 1 of the Criminal Act.

5. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the amount of collection: 100,000 won equivalent to the market price of the quantity of a dose once per merpt, x two times (the time of receipt and the time of medication) = 200,000 won).

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