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(영문) 부산지방법원 2018.06.20 2018고단1886
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2. approximately 0.17 g (the quantity consumed as an appraisal) of seized merpters.

Reasons

Punishment of the crime

1. On December 23, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the part of December 23, 2016, and completed the execution of the sentence on December 28, 2017.

2. The Defendant is not a handler of narcotics as prescribed by the Narcotics Control Act.

A. On April 17, 2018, around 07:00, in the guest room of the mother telecom, where it is difficult to know the trade name located adjacent to the Seocho-dong Busan Metropolitan City, Busan Metropolitan City, the head of which in turn put approximately 0.05g of Metepop (one philopon) with water for a single-use injection machine, and administers it with his arms;

B. On April 18, 2018, around 12:00, D hospital 710 located in Busan Seo-gu C had been put in approximately 0.19g of Mepta-min for a disposable injection.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) Police seizure records;

(c) notification of each legal assessment result and response to requests for appraisal;

2. The records of the offense;

(a) a response to inquiries;

(b) Status of personal confinement;

C. Application of a copy of the judgment

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 sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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

3. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the crime due to the possession of heavier mert mert presses).

4. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) 1 of the Criminal Act.

5. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (the amount to be collected: 100,000 won (the market price of a quantity to be administered once per cryptist)).

1. The scope of applicable sentences under law: Imprisonment for one month to 30 years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Basic and concurrent crimes: Determination of types of crimes of violation (i) of the Act on the Control of Narcotics, Etc.; Determination of types of crimes of violation of the Act on the Control of Narcotics, etc.; - class 3 (b)(2) of the said Act, such as the administration of narcotics, simple possession of medication; the person subject to special sentencing;

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