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(영문) 부산지방법원 2017.08.18 2017고단2613
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 3 shall be confiscated.

60,000 won from the defendant.

Reasons

Punishment of the crime

On November 20, 2009, the Defendant was sentenced to a suspended sentence of five years for a crime of violation of the Narcotics Control Act (competence) at the Jung-gu District Court. On July 16, 2010, the Defendant was sentenced to imprisonment for a crime of violation of the Narcotics Control Act (competence) in the Busan District Court’s East Branch Branch Branch, which was sentenced to two years and six months on November 30, 2010, and the said sentence became final and conclusive on November 30, 2010, and the sentence of the suspended sentence became void, and the execution of each of the said sentence was completed in the third intersection of the North Korean Branch on September 27, 2015, not narcotics handler.

1. On May 15, 2017, the Defendant, at around 08:30 on the 15th day of 2017, injected a phiphone in the 301 heading room “DMocom” located in Busan B, by inserting approximately 0.04 g of clopon into a single-use injection machine, which is a flopic mental medicine (hereinafter “phiphone”), and dopon into a single-use injection machine, and dilution with water, and then administering a phiphone in the form of injection into the spopon.

2. At around 09:03 on May 15, 2017, the Defendant carried a phiphone in a way that sets up one folder containing approximately 0.08g of lophones on the lives side 401 of the instant “Dur”, and two phiphones containing two lophones in a non-fluoring medium amount of phiphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, investigation reports (in a net time nine), and written expert opinions;

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

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by imprisonment)

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 35 of the Criminal Act for a repeated crime;

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 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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