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(영문) 부산지방법원 2018.03.23 2017고단5136
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Seized evidence 1 or 2 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On December 4, 2015, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act by this court for a violation of the Act on the Control of Narcotics, etc. on May 31, 2016. On August 25, 2017, the Defendant was sentenced to one year imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. in this court. The judgment of 2017 became final and conclusive on January 16, 2018.

1. On June 4, 2017, the Defendant, at the transfer station of the Busan subway No. 1 and 3, administered a phiphone in a way of inserting approximately 0.03 g of Melopon (one philopon; hereinafter “philopon”), which is a local mental medicine, into a single-use injection machine, dilution and dilution it with water, and then injection into a part of arms blood.

2. On June 5, 2017, around 17:50 on June 5, 2017, the Defendant possessed a phiphone in a manner that sets up two plastic bags containing approximately 0.66 glophones on the table of 607 Mophones E, and two flophones containing non-flophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure, each photograph and image output, appraisal document, investigation report (netly 13), and list of price lists of narcotics, etc.;

1. Previous convictions in judgment: As a result of inquiry about criminal history, sentence, and inquiry into detailed cases, the application of Acts and subordinate statutes to the personal confinement status;

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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. The fact that a judgment of reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. should be taken into account when the crime of this case is adjudicated at the same time, and the simple medication shall be taken into account.

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