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(영문) 부산지방법원 2018.08.22 2018고단2752
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

30,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant traded or administered the Megatop cloid (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On June 8, 2018, the Defendant: (a) received cash 200,000 won from F in the front of the Defendant’s Ecenz vehicle located in Busan C, and purchased and sold 0.18g philopon to him.

2. At around June 18, 2018, the Defendant administered a philophone in a single-use injection machine with approximately 0.03g gopon in Busan East-gu G, and then in a way of injection into the arms, after inserting it into a single-use injection machine with approximately 0.03gopon in Busan-dong G.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. The investigation report (the sequence 3 in the list of evidence);

1. Application of Acts and subordinate statutes of each request for appraisal (referred to Serial 13, 14 of the evidence list);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 proviso to Article 67 of the Narcotics Control Act;

1. The final sentencing scope of Article 34(1) of the Criminal Procedure Act for the reason of sentencing [the scope of a recommendation] under Article 334(1) of the Criminal Procedure Act shall be determined as follows: (a) the 2nd crime in which there is no person who has any person who has any specific sentencing [the scope of a recommendation] in the basic area ( August to January 6) of the 2nd crime [the scope of a recommendation] of the 2nd crime [the scope of a punishment] of the 2nd category (math, d., e., e.) of the 2nd basic area (8th to January 6th) of the 2nd class (the 2nd sentence) of the 334th sentence [the person who has a special sentencing] of the 334th sentence: From August to February 3 [the decision of sentence] of the 2nd sentence], the number of times of sale and purchase, and the number of orders for the same kind of crimes, etc.

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