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(영문) 부산지방법원 동부지원 2018.01.31 2017고단1687
마약류관리에관한법률위반(향정)
Text

1. The criminal defendant shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than eight months with prison labor for the crimes set forth in the judgment of the court below.

2.

Reasons

Punishment of the crime

On May 25, 2017, the Defendant was sentenced to imprisonment with prison labor for ten months for a violation of the Narcotics Control Act in the Busan District Court's Dong Branch branch, and was sentenced to two years for a suspended sentence on September 15, 2017, which became final and conclusive on September 15, 2017.

The defendant of "2017 Highest 1687" is not a person handling narcotics.

1. On March 15, 2017, at around 23:30, the Defendant 501 at the home of the Defendant’s office “Mtel Gtel Gtel in Busan, U.S., U.S., 201, administered the Defendant’s arms using approximately 0.03g of Mesophical drugs (one penphone; hereinafter referred to as “philophone”).

2. On March 16, 2017, the Defendant administered approximately 0.03 gopon at the same place as Paragraph 1, at around 02:30, in the same manner as Paragraph 1.

"2017 Highest 2603"

3. On December 4, 2017, at around 22:00, the Defendant administered the Defendant’s left mouth using a single-use injection device with approximately 0.03g of mert amba (one philopon) which is a part of the Defendant’s dwelling in Suwon-gu, Busan Metropolitan City (Hump 205).

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure;

1. Each response to a request for appraisal;

1. A letter of prosecution (the result of a request for an appraisal by the party against his/her own defense);

1. Previous offense: Inquiries about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same criminal records);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (the crime before the final judgment becomes final and conclusive) Article 62(1) of the suspended execution (the crime committed before the judgment becomes final and conclusive)

1. Class 3 of Article 67 of the Act on the Management of Narcotics, Etc. subject to Sentencing (crimes after the judgment becomes final and conclusive) / [the scope of recommended punishment] medication and simple possession, etc.

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