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(영문) 부산지방법원 2018.08.17 2018고단2236
마약류관리에관한법률위반(향정)
Text

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

Seized evidence No. 1 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On July 7, 2016, the Defendant was sentenced to one year of imprisonment for a crime of violation of the Narcotics Control Act in this court, and completed the execution of the sentence in the port correctional institution on May 20, 2017. Notwithstanding the fact that the Defendant is not a person dealing with narcotics permitted or designated by the authorities, the Defendant treated the following narcotics:

1. Medication of phiphones;

A. On April 2018, the Defendant administered a medication in a manner that 0.05g g of Mesophical drugs (one philophonephone; hereinafter referred to as “philophone”) in the Defendant’s residence (Seoul Young-gu Incheon Metropolitan City apartment D) on April 2018, by inserting it into a disposable injection machine and dilution it with water.

B. Around May 21, 2018, the Defendant administered approximately 0.05g phiphones in the above-mentioned dwelling of the Defendant at around 01:00 on May 21, 2018.

2. Around May 21, 2018, the Defendant, holding a phiphone, was against the Defendant’s residence by inserting 0.67g of phiphone in a transparent vinyl blicker and placing it in a part of the main machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols and lists of seizure, photographs and video outputs, investigation reports (times 7, 17), and expert records;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (13) and personal confinement status, and application of the text of the judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by imprisonment)

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

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. Article 48 (1) of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] : 1 to 5 years [the scope of final sentence due to the aggravation of multiple crimes (one year to 3 years) in the area of aggravation (one year to 1 year), in the area of aggravation (one year to 3 years), in the area of aggravation (one year to 3 years of special aggravation). The scope of final sentence due to the aggravation of multiple crimes: 1 to 6 months [the sentence].

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