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(영문) 부산지방법원 서부지원 2017.10.26 2017고단1016
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

Nos. 1 through 4 of the evidence seized by the defendant shall be confiscated, and KRW 103,00 shall be confiscated.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Violation of the Narcotics Control Act;

A. On July 7, 2017, around 19:45, the Defendant administered “C” offices located on the third floor of the building B in Busan Dong-gu, Busan, by inserting approximately 0.03 grams for a single-use medication on a single-use medication (one-time medication, hereinafter “propopon”), and dilution after dilution, at the office of “C” located on the third floor of the building B in Busan, Dong-gu, Busan.

B. The Defendant, around 20:00 on the same day, divided approximately 0.76 grams into one disposable injection machine and two transparent vinyl paper in Busan Dong-gu, Busan, and carried them on the table. The Defendant carried them on the table of the above guest room.

2. Violation of the Narcotics Control Act;

A. On July 7, 2017, the Defendant, at the above “C” office around 19:40 on July 7, 2017, putting about 0.5g of one cigarette in the hemp plant, containing approximately 0.5g of one cigarette, and smoked in a way of smoking with a fire attached thereto.

B. At around 20:00 on the same day, the Defendant sealed approximately 0.67ggs of hemp in a paper bag, and carried them by placing them in the Defendant’s official approval color hand room.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the point of possession of philophone medication and possession), Article 61 (1) 4 (a) and (b) and Article 61 of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a) and (b), Article 3 subparagraph 10 (the point of smoking and possession of marijuana), and each decision of imprisonment with prison labor;

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;

1. Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Additional Collection, is sentenced to a sentence given that the defendant had a very same criminal record.

The defendant's age, sex, environment, and motive, means, and result of the crime;

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