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(영문) 부산지방법원 2018.06.07 2018고단1874
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

- 0.06g (No. 1) of philopon contained in a one-time injection device seized;

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Ulsan District Court on June 1, 2017, and on February 2, 2018, at the racing prison on February 2, 2018, and the execution of the sentence was completed one further time.

[Criminal facts] Even if the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. The Defendant, on April 25, 2018, administered the Metrophopon (hereinafter “philopon”) by inserting approximately 0.07 glopon, which is a local mental medicine, into a single-use injection machine, and dilution into the arms on April 25, 2018, which was stopped on the roads around Busan-gu Busan-gu apartment, Busan-gu, Busan-gu, Busan-do, and then injected into the arms.

2. On April 25, 2018, the Defendant possessed a total number of 0.46 g of phiphonephones by laying off one disposable injection machine for 808 Mophones located in Busan-gu, Busan-do, about 0.06 g of phiphones, and one transparent vinyl flophones located in approximately 0.4 g of phiphones in a holding room on a single telephones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Police seizure records;

1. Investigative reports (Recording photographs of seized articles), investigative reports (reports related to precision measurement of the weight of seized articles), investigation reports (reports on the results of appraisal of seized articles), investigation reports (reports on the results of appraisal of seized articles), investigation reports (reports on the calculation of additional collection charges), investigation reports (related to the calculation of additional collection charges)

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification reports on the date of release from office), application of Acts and subordinate statutes concerning investigation reports (Attachment to judgment on the records of crimes involving narcotics);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts (selected to imprisonment with prison 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. The proviso to Article 67 of the Narcotics Control Act;

1. The order of provisional payment;

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