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(영문) 부산지방법원 2016.09.22 2016고단3864
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On August 13, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court, and completed the execution of the sentence on April 29, 2016 at the original prison.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, around 17:00 on July 10, 2016, received approximately 0.05g of Melops from E, which is a local mental medicine, in front of the D dormitory located in Busan YY-gu, Busan, for delivery of approximately 0.05g of Melops (one philops; hereinafter “philops”) from E, and received them, and around 17:30 on the same day, the Defendant administered approximately 0.05g of the said philops by dilutioning them into the raw water.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Response to a request for appraisal;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (attaching sentence, etc.);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence 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 number of offenses for the sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for the purpose of sentencing is to be taken or received for medication, simple possession, etc. (the scope of punishment is to be taken, referring to the number of offenses for which punishment is to be taken, referring to the number of offenses for which punishment is to be taken, referring to the number of offenses for which punishment is to be taken, referring to the number of offenses for which punishment is to be taken, referring to the number of offenses for which punishment is to be taken, referring to the number of offenses for which punishment is to be taken, referring to the number of offenses for which punishment is to be taken, referring to the number of offenses for which punishment is to be taken, referring to the number of offenses for which punishment is to be taken, referring to the number of offenses for which punishment is to be taken, referring to the number of offenses for which punishment is to be taken, referring to the number of offenses for which punishment is to be taken, and referring to the number of offenses for which punishment is to be taken into consideration;

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