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(영문) 부산지방법원 2018.10.25 2018고단3957
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence 1 through 19 shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Records] On April 7, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (competence) at the Changwon District Court on April 7, 2017 and completed the execution of the sentence on July 9, 2018.

[Criminal facts] The Defendant is not a narcotics handler

1. On September 1, 2018, the Defendant administered philophones by inserting approximately 0.03g of Malograms (one philophone; hereinafter “philophones”) a part of the curine 5-story room located in Chang-si Machipoon B, a local mental medicine, into a one-time injection machine, and melting the curphone into the left part. 0.03g of the curine.

2. On September 4, 2018, around 14:50 on September 4, 2018, the Defendant, holding a philopon, carrying a philopon by inserting about 16 philopon in the front of the “Ecopon shop” street parked in D, the Defendant, located in the Defendant’s house located in the “Ecopon shop.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Records of seizure by prosecution;

1. Each written appraisal;

1. Report on investigation (report on the calculation of an additional collection charge);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (including net time and additional rulings, and current status of personal confinement);

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 Fact-finding and the Selection of Punishment;

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

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. Crimes of Type 1 [the scope of the recommended punishment] in the basic area (10-2 years from October to 2) (2 years from the basic area (10-3 years from the date of special sentencing) for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on the market price of 100,000 won for a one-time medication) (based on the standard for one-time medication) of the Act on the Control of Narcotics, Etc. 2. / [the scope of the recommended punishment] medication, simple possession, etc.

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