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(영문) 부산지방법원 2017.04.14 2017고단794
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 10, 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 May 23, 2016. Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the narcotics as follows:

1. On January 31, 2017, the Defendant administered a philopon in a way that mepphones (one philopopon; hereinafter “philopon”), which are a local mental medicine, were dilutiond with approximately 0.05 g of Melopon on the street in the mouth of the Bullet in Gangseo-gu Busan, Busan, with water at the bar, and then injected a philopon with the Defendant’s Melopon using a single-use injection device.

2. On February 1, 2017, the Defendant administered a phiphone in a burine in a manner of injecting approximately 0.05g ghon with water from a burine (trade name in the vicinity of the Busan Sirogate) and in a way of injection with the Defendant’s hand, etc. using a single injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, respective appraisal records, investigation reports (13, 15) and list of price lists of narcotics, etc.;

1. Previous convictions: Inquiry into criminal history, investigation reports (9), each judgment, and application of Acts and subordinate statutes concerning the status of confinement;

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Crime and Articles 60 (1) 2 and 40 (1) 1 and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for the Selection of Criminal 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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc.

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