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(영문) 부산지방법원 서부지원 2017.09.26 2017고단964
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence No. 1 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On May 12, 2017, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on July 7, 2017, and was not a person who completed the execution of the sentence at the Busan Detention Center, and is not a person who handles narcotics.

1. Violation of the Narcotics Control Act;

A. On August 3, 2017, around 00:50, the Defendant administered approximately 0.05 g of Meteptocs (one philopon; hereinafter referred to as “philopon”) which are a primary mental medicine in Busan, Busan, by melting approximately 607g of Metetocop (one philopon; hereinafter referred to as “philopon”).

B. On August 3, 2017, around 19:40, the Defendant filed a lawsuit in a manner that put approximately 1.17 gramphones into plastic bags and stores them in plastic bags.

2. On August 3, 2017, at around 18:30, the Defendant damaged property by 5,970,000 won in total of the market prices, where the wall posts owned by the victim E, which were located in the guest room at the said guest room, were collected from TV, air conditioners, air conditioners, air conditioners, lines, computers, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. Each written appraisal;

1. Each photograph;

1. Investigation report (the result of inspection of simple reagents);

1. A report on investigation (related to the calculation of an additional collection charge);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the date of confirmation of the date of release from the military court and attachment of the same military force judgment);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 366 of the Criminal Act, and Article 60 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes, the Selection of Imprisonment with labor;

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;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Class 3 (b), such as medication and simple possession, etc., for crimes of Category 1 and 2 (Narcotic drugs);

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