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(영문) 부산지방법원 2018.02.09 2018고단77
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 to 6 shall be confiscated.

From the defendant, 100.

Reasons

Punishment of the crime

On December 17, 2015, the Defendant was sentenced to two years of imprisonment for a violation of the Narcotics Control Act at the Daegu District Court, and completed the execution of the sentence at the Busan Correctional Institution on September 8, 2017, and is not a narcotics handler.

1. On December 18, 2017, the Defendant administered a philophone injection in the 505 heading room in Daegu-gu, Daegu-gu, in order to put about 0.05 g (one philophone; hereinafter “philophone”) about 0.05 g (one philophone”; hereinafter “philophone”), which is a local mental medicine, into a single-use injection machine, and dilution with water, and then injected into the arms.

2. The Defendant, at around 13:00 on December 19, 2017, with the following day, carried approximately KRW 6.42g of plastic phone totaled by inserting approximately KRW 4.2g of plastic phone in the front room 505 g of philopon, 3 of disposable mobile phone fraud, 1 of plastic telephone 0.74g of philopon, and 2 of plastic clopon 0.73g of philopon, and 3 of disposable mobile phone 0.45g of philopon, by inserting it in the front room of 505 g of philopon, and inserting it in the cell phone box.

Summary of Evidence

1. Statement by the defendant in court;

1. A investigative report (3,24 on a regular basis), each photograph/cinematographic output, appraisal report, and the price list of narcotics, etc.;

1. Previous convictions: Inquiries about criminal history, results of search of prisoners, text of judgment, and application of Acts and subordinate statutes to inquire about summary information of cases;

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 (a prosecutor is also seeking confiscation as provided for in subparagraph 7 of the evidence, but is not accepted as part of the facts not recognized in the facts constituting the crime)

1. Three types of reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommended punishment), medication, simple possession, etc. (b).

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