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(영문) 부산지방법원 2019.10.07 2019고단3098
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

One white paper (Evidence No. 1) and vinyl, in which seized white paper is buried.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On March 28, 2019, around 21:00, the Defendant sold approximately 0.14g of psychotropic drugs in the Dong-gu Busan, Dong-gu Belc, Busan (hereinafter “clopon”) Moncopon to D, and received KRW 100,000 in cash from D.

2. At around 14:00 to 15:00 on April 21, 2019, the Defendant administered a phiphone in a way that he/she injecteds approximately 0.07 gramopon into a single-use cell in the Fridge toilet located in Busan City-gu, Busan, and 0.07 gramopon into water, and injected it into his/her left part.

3. At around 17:00 on April 24, 2019, the Defendant possessed 0.29g of philophones in a manner that keeps approximately 0.29g of philophones in the margin of the G hotel in front of the G hotel in Busan City, Jin-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Each protocol of seizure and the list of seizure;

1. Letters of the written prosecution for the prosecution;

1. Photographs of seized articles;

1. A written appraisal;

1. A written appraisal;

1. A written appraisal;

1. Investigation report (as to attachment of photographs of seized articles);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc., and Selection of Imprisonment with prison labor for a crime;

2. Of concurrent crimes, an aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes prescribed in the Act on the Control of Narcotics, etc. due to the sale of heavy penphones);

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

4. The proviso to Article 67 of the Narcotics Control Act.

5. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than 15 years;

2. Scope of recommending sentencing criteria: Imprisonment with prison labor for not less than one year but not more than three years and not more than three months.

(a)basic offences:

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