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(영문) 부산지방법원 2016.07.07 2016고단2470
마약류관리에관한법률위반(향정)
Text

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

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On August 25, 2011, the Defendant was sentenced to a suspended sentence of one year and eight months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on April 25, 201, and on May 7, 2013, on May 7, 2013, in addition to the completion of the execution of the sentence at the Busan Detention Center, five times more of the same military force.

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On May 3, 2016, the Defendant purchased and sold narcotics, etc. in the name of F, via the delivery of a single-use injection device containing approximately 0.07g g of the Mesofta (one philopopon; hereinafter “philopon”), a local mental medicine, from E, via the delivery of a single-use injection device in the name of F via the Melopic bus home between U.S. and U.S., and then remitting KRW 300,000 to the Melopic account.

2. On May 9, 2016, the Defendant administered narcotics, etc. by inserting approximately 0.07g of philopon into a single-use injection machine, dilution them into arms at a G line room in the vicinity of the G line which is in the city where there is a south of 18:00 on May 9, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Written response to a request for appraisal;

1. Investigation report (related to the arrest of philophones E);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes as a result of screening prisoners;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for an aggravated repeated crime (limited to paragraph (1) of the same Article);

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. Two types of crimes (the scope of recommended punishment), including the category 1 [the scope of recommendation] for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., (the scope of punishment), medication, simple possession, etc. (the items b., c.) [the period from 1 to 3 years] for the subject of aggravated punishment (the period from 1 to 3 years), and the subject of aggravated punishment [the scope of recommended punishment] for the subject of aggravated punishment (the scope of suspended sentence for not more than 3 years), and the subject of mitigated punishment (the items b., c., and c.) / [the person who has been specially mitigated] for the subject of mitigated punishment (the period from 8 months to 1 year and 6 months).

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