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(영문) 부산지방법원 2017.10.27 2017고단4023
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant was sentenced to a punishment of one year and two months for a violation of the Narcotics Control Act in the Jinwon District Court's Jinju branch, and completed the execution of the sentence on February 5, 2017 at the Net Prison on February 5, 2017, and is not a narcotics handler.

1. On June 19, 2017, the Defendant administered a philophone in a telephone by inserting approximately 0.03g of Malograms (one philophone; hereinafter “philophones”) which are a psychotropic mental medicine in Jinju-si, and inserting approximately 305g of Malograms (one philophones; hereinafter “Wlophones”) into a single-use injection machine, dilution with water, and in the way of injection into the arms.

2. On July 24, 2017, at around 21:00, the Defendant administered phiphones by inserting approximately 0.03g of phiphones into a single-use injection machine at around 0.03g of the Defendant’s residence ( Jinju E), dilution with water, and injection with the arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, each appraisal report, investigation report (netly 24), and list of price lists of narcotics, etc.;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, results of the search of prisoners, text of the judgment, current status of confinement of individuals, and application of Acts and subordinate statutes to investigation reports (1).

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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 35 of the Criminal Act for a repeated crime;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc.

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