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(영문) 부산지방법원 서부지원 2018.07.20 2017고단1802
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Nos. 1 and 2 of the evidence seized by the defendant shall be confiscated, and KRW 100,00 shall be additionally collected.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On October 28, 2016, the Defendant, at the Defendant’s residence of the Defendant, 302-dong 309-dong 309, was administered by inserting approximately 0.03 grams for a single-use medication, which is a local mental medicine that is previously received from a person with no name or injury (i.e., a single philopon; hereinafter “philopon”). Around October 28, 2016, the Defendant inserted approximately 0.03g of a single-use medication into a single-use injection machine, and injected it after dilution with aquatic water.

2. On October 30, 2016, the Defendant possessed approximately 0.45 grams and approximately 1.76 grams of hempphones received from non-personally in Busan East-gu, Busan-dong, and possessed them in a way that they are divided into a disposable injection instrument and plastic plastic bags and stored them in a single-use plastic bag.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

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

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (b) and subparagraph 10 (b) of Article 3 of the Act on the Control of Narcotics, Etc. (the point of possession of scopon medication and scopon medication) on criminal facts, and Article 61 (1) 4 (b) and Article 3 subparagraph 10 (b) of the same Act on the Control of Narcotics, etc.;

possession), each choice of imprisonment

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. Reasons for sentencing under Article 67 of the Act on the Control of Narcotics, etc. subject to Confiscation and Collection [the scope of the sentencing guidelines] : 6-2-2-6 months to 3-2-6 months [the scope of the sentencing guidelines ] - The area of mitigation (six months to one year and six months) - The area of possession of marijuana in important investigative cooperation - the area of mitigation (six months to ten months) - The area of mitigation (six months to one year, item (d) and (e) of the same item) - The area of special mitigation - the area of mitigation - the area of cooperation in important investigation - June to six months [the scope of the final sentence according to multiple aggravated crimes] - the area of mitigation - the area of mitigation - the area of mitigation - the area of mitigation - the normal administration that is favorable to the execution of the crime of this case even if there are several adverse circumstances of this case, and the cooperation in the investigation; and

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