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(영문) 부산지방법원 2018.03.08 2017고단5865
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

50,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection.

Reasons

Punishment of the crime

[criminal history] On April 1, 2014, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court, and completed the execution of the sentence on April 15, 2015.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, around 10:00 on November 15, 2017, the Defendant administered a penphone in the way of cryponing approximately 0.05 g (one philopon; hereinafter “philopon”) 0.05 g, which is a local mental medicine purchased from E, the Defendant’s residence in Busan Southern-gu, Busan-gu, and purchased from Da 205.

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. A written appraisal of each drug;

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

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including the current status of the expropriation of each and each annexed individual and the text of judgment);

1. The relevant Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, Etc. for Criminal Facts, and the selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the scope of punishment ] Aggravation of medication, simple possession, etc. (1 to 3 years) / (1 to 3 years of special aggravation] / (2 to 3 years of suspension of execution) / [the decision of sentence] / The crime related to narcotics is likely to affect the general society of society by impairing the health of the people or causing another crime due to addiction, decilation, etc. of narcotics, etc., and it is highly difficult to detect it in light of its characteristics, and thus adversely affecting society as a whole due to high risk of recidivism.

Although there are several criminal records of the same kind including punishment, the defendant has been administered again during the same period of repeated crime is disadvantageous.

Simplely, once for administration.

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