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(영문) 부산지방법원 2017.04.21 2017고단869
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 3 or 4 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On January 11, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court, etc. on September 23, 2014, and completed the execution of the sentence at the Net Prison on September 23, 2014, and is not a narcotics handler.

1. On January 27, 2017, the Defendant provided approximately 0.03 g of Handphones (one philopon; hereinafter “philopon”), a local mental medicine, to E, on the street in front of “D” located in Suwon-gu Busan, Suwon-gu, Busan, for free.

2. At around 01:00 on February 6, 2017, the Defendant administered philophones by means of dilution approximately 0.03g of philophones with water from the Defendant’s residence (M) at the Defendant’s dwelling, and by means of injection with the Defendant’s arms with a single-use injection device.

3. At around 16:50 on February 6, 2017, the Defendant possessed a phiphone in a way that he/she contains approximately 0.51g of philopon in the back of the wall that the Defendant was holding in front of the “D” set forth in the foregoing paragraph 1. D., and carried a philopon in a way that he/she stores 0.51g of philopon.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Protocols of seizure and list of seizure, response to requests for respective appraisal, investigation report (netly 16, 18), and list of price lists of narcotics, etc.;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (netly 13), text of judgment, and application of Acts and subordinate statutes on the status of confinement;

1. Article 60 (1) 2 and 4-1 and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under Article 60 of the same Act concerning criminal facts (selected to imprisonment);

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] Medicationing, simple possession, etc. of the types of three types (one year to three years) (one year) in the area of aggravation (one year to three years) in the area of aggravation (one year to three years) / the scope of final sentence due to the aggravation of multiple crimes (not less than three years of suspended execution) before the same type of punishment: one year to five years.

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