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(영문) 부산지방법원 2017.07.07 2017고단2061
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be forfeited from the defendant.

from the defendant.

Reasons

Punishment of the crime

On September 25, 2015, the Defendant was sentenced to one year for a violation of the Narcotics Control Act in the Busan District Court, and completed the execution of the sentence on March 25, 2016, but is not a narcotics handler.

1. On February 2017, the Defendant administered a philophone in a manner that puts the meopopon into a single-use injection machine and dives the meopon into a meopon, which is a local mental medicine, at his residence (No. 302, Busan Gangseo-gu Office building), and mepopon into a single-use injection machine, and dives the meopon into a mecopon.

2. On April 11, 2017, at around 03:00, the Defendant administered phiphones by inserting approximately 0.05g of philopon into a single-use injection instrument at his/her own residence (Seoul High Sea Office D, 604), clopon into a single-use injection instrument, dactoning them into a human blood transfusion, and dactoning them into a single-use medication.

3. On the same day as paragraph 2, the Defendant carried a philophone in a way that he put approximately 0.2g of the philophone into a single-use injection machine and put approximately 0.2g of the philophone in a household room in front of the representative of “F” located in Busan Jin-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement with respect to G;

1. Protocols of seizure and list of seizure, each photograph, each appraisal report, investigation report (netly 12), and monthly trend of narcotics ( February 2017);

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (2) and application of Acts and subordinate statutes concerning the status of personal confinement;

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

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. Article 48 (1) of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] Medication, simple possession, etc., of the types of three types (f) (f) and the area of aggravation (a year to three years) (b) and (c) of the Act on the Control of Narcotics, etc.) / [a special aggravated person].

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