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(영문) 부산지방법원 2018.12.12 2018고단3803
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2. 2.40,000 won shall be collected from the defendant.

Reasons

Punishment of the crime

1. On February 3, 2016, the Defendant was sentenced to imprisonment with labor for a crime of violation of the Narcotics Control Act at the Busan District Court on February 3, 2016, and completed the execution of the sentence on January 27, 2017.

2. The Defendant, even though he is not a narcotics handler as prescribed by the Narcotics Control Act, dealt with the Metepopopon (one philopon), which is a local mental medicine, on two occasions as follows.

1. On January 28, 2018, around 22:00, the Defendant granted approximately 0.14 g of Meteptian to D on the street in front of the “C” located in the Geum-gu Busan Metropolitan Government B without compensation.

2. On August 18, 2018, at around 20:00, the Defendant administered a drug 0.03g of the Metetopian to a coffee at the guest room in Busan East-gu Ecom, Busan-gu, 2018.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) A protocol concerning suspect interrogation of D;

(c) Police seizure records;

(d) each request for appraisal.

(e) Each police investigation report;

2. The records of the offense;

(a) a response to inquiries;

(b) A copy of each judgment;

C. Application of statutes on the status of individual expropriation

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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

3. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the crime due to the issuance of heavier mert noters).

4. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the amount to be collected: 240,000 won (=the amount equivalent to the market price of a quantity equivalent to a quantity equivalent to a quantity equivalent to a quantity equivalent to a quantity equivalent to a quantity equivalent to a quantity equivalent to a quantity equivalent to a quantity equivalent to a quantity equivalent to a quantity equivalent to a one-time dose].

1. The scope of applicable sentences under law: Imprisonment for one month to 30 years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Basic crime: a type of violation (i) of the Act on the Control of Narcotics, Etc. by Delivery of Mepters; a determination of the type of violation (f) of the Act; a class of narcotics crime - trade assistance, etc. - class 2 (b) of the class (f).

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