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(영문) 부산지방법원 2017.01.19 2016고단7718
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 5 or 6 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On November 6, 2016, the Defendant, at around 01:00, administered a camopon using a camopon (one camopon (one camopon; hereinafter referred to as “propopon”), which is a local mental medicine in Seodaemun-gu Seoul, Seoul, the Defendant’s residence, at around 104 Dong 401, a camopon (one cam equivalent to one camopon) in the Aluminum cam, which is a method of promptly inhaleing the camopon (one camopon).

2. On November 18, 2016, at around 15:00, the Defendant administered philophones in the foregoing Defendant’s residence (per time equivalent to a dose) in the said manner.

3. On November 22, 2016, the Defendant carried philophones by storing approximately 0.26g of philophones contained in the white paper of vinyl in the cremation belt for the Defendant’s residence, around November 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (the result, etc. of appraisal of white decision body);

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. A crime of Class 1 [the scope of a recommendation] for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: a crime of Class 3 (the scope of a recommendation] for the purpose of sentencing; a simple possession, etc. [the scope of a recommendation] for the subject of the aggravated punishment (one to three years) for the subject of the aggravated punishment (one to three years for the subject of a special aggravated punishment); a crime of Class 2 for the subject of the aggravated punishment (the scope of a recommendation] for the subject of the aggravated punishment (one to three years for the subject of a suspended sentence for three years) for the subject of the aggravated punishment (one year to three years for the subject of a special aggravated punishment); a crime of Category 3 [the subject of a suspended sentence for three years or more] for the subject of the aggravated punishment (the scope of a recommendation] for the subject of medication, simple possession, etc. (the subject of a suspended sentence for three years or more) for three years) for the subject of the aggravated punishment (one year or more);

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