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(영문) 부산지방법원 2018.08.20 2018고단1008
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to four years of imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on June 22, 2012, and completed the execution of the sentence at the interesting prison on January 31, 2015.

[Criminal facts]

1. On September 25, 2017, the Defendant received approximately 0.21g of Mepta (one philophone; hereinafter “philophone”) from 602 heading rooms of C Hospital 602 located in Kimhae-si B, Kim Jong-si, and received to D, without compensation, approximately 0.21g of Mepta (one philophone; hereinafter “philophone”).

2. On March 13, 2018, the Defendant: (a) administered a philophone medication by inserting approximately 0.05 g cans in a tea for the Defendant’s driving of G K7 riding, which was parked in the front direction of the F sexual book in Daegu-gu E around Daegu-gu, Daegu-gu around 04:00; and (b) administered by inserting approximately 0.05 g of philophone into a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Notification of the result of legal and chemical appraisal;

1. Previous convictions: Application of inquiries about criminal history and investigation reports (Attachment to the same type of judgment) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, and Article 2 (3) of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment for the Punishment of Specific Crimes (including the receipt and administration of phiphones) and the selection of imprisonment with prison labor;

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

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Grounds for sentencing under the proviso to Article 67 of the Narcotics Control Act.

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes of category 1 [the scope of the recommended punishment] and the scope of the final sentence pursuant to the aggravated punishment for the crimes of category 2 (the hemp, the flachising of the flachising of the flachising, the flachising of the flachising, the flachising of the flachising, the flachising of the flachising of the flachising of the flachising of the flachising of the flachising of the flachis [the scope of the recommended punishment] subject to the aggravated punishment (the scope of the flachising of the flachising of the flachising of the flachising of the flachising of the f

2. Determination of sentence - The fact that there are many records of punishment for the same kind of crime, and the crime is committed again during the period of repeated crime.

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