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(영문) 부산지방법원 2018.07.05 2018고단1347
마약류관리에관한법률위반(향정)
Text

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

The seized Nos. 1 and 2 (except for the cambamins consumable for appraisal).

Reasons

Punishment of the crime

[Criminal Records] On February 26, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on February 26, 2016 and completed the execution of the said sentence on February 28, 2017.

[Criminal facts] The Defendant is not a narcotics handler

1. Medication of Metropha;

A. On February 20, 2018, the Defendant, at the Defendant’s house located in Busan BY, administered approximately 0.03 grams of Meteptopy (one philopopon; hereinafter “philopon”) which is a local mental medicine at the Defendant’s house located in Busan B, by inserting approximately 0.03g of Melopon into a single-use injection machine and dilution with water into the Defendant’s left hand hand, etc.

B. On March 17, 2018, the Defendant, at around 21:00, administered approximately 0.03g of philopon in a single-use injection machine, dilution with water to the left hand hand hand of the Defendant.

2. On March 21, 2018, the Defendant: (a) around 17:54, the Defendant: (b) stored 0.05 grams in front of the Busan Jin-gu, Busan in a single-use part; (c) kept 0.68 grams in a single-use part; and (d) carried phiphones in a way that puts 0.68g of opphone in two transparent plastic bags in a single part; and (d) carried phiphones in a way that put them into two in a single part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of police seizure and list of seizure (No. 3 and 4 No. 5)

1. A report on investigation (calculated with a surcharge) and a written appraisal;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes concerning investigation reports (Attachment to the same kind of 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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of punishment recommended for crimes No. 1, 2, and 3), medication, simple possession, etc.

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