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(영문) 부산지방법원 2016.08.11 2016고단2246
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On November 9, 2015, the Defendant purchased and sold narcotics, etc. by receiving approximately KRW 1g 90,000,000 from D male toilets located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant: (a) on the 19:35 day; (b) on the merpter (one philopon; hereinafter “philopon”); and (c) on the 22:39 day on the same day, by remitting KRW 90,000 to the Agricultural Cooperative account known to the non-member of the above name.

2. On November 10, 2015, the Defendant administered narcotics, etc. in a way of melting them into the mutual influorial telephone, and 0.03 gopon, in a melting manner, at around 19:00, the Defendant administered them.

3. On November 12, 2015, the Defendant possessed narcotics, etc. in the emergency room of the F Hospital located in Bupyeong-gu, Incheon, Bupyeong-gu, by putting approximately 0.82g of phiphonephone-phone into a plastic bags and storing them in a handcon bags.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes on the details of text messages on a mobile phone of the victim;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

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. A second-class crime that has no basic area (10 to 2 years) (10 to 3 years) of the Act on the Control of Narcotics, Etc. for sentencing (20 months to 10 to 2 years) of the Act on the Control of Narcotics, Etc. (2) of the Act on the Control of Narcotics, Etc. (the scope of the recommended punishment) (3) of the basic area (10 months to 2 years) of the medication, simple possession, etc. (2) of the relevant basic area (3) of the Act on the Control of Narcotics, etc. (2) of the Act on the Control of Narcotics, etc. (the scope of the recommended punishment) (2) types (2) (b) of the mitigated area (8 to 1 year and 6) of the mitigated area (3) of the Act on the Control of Narcotics, etc. (3) of the said Act on the Control of Narcotics, etc.

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