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(영문) 부산지방법원 2018.03.08 2018고단508
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

1,00,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

On June 19, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Busan District Court on the part of June 19, 2015, and completed the execution of the sentence on April 11, 2016.

Criminal facts

Despite the fact that the Defendant is not a narcotics handler, around January 26, 2018, around Busan, around 18:00, the Defendant put about approximately 0.03 g of Melopic amblopic amblopic amblopic amblopic amblopic amblopic amblopic amblopics (i.e., daily amblopopon; hereinafter referred to as “philopic amblops”), and damblopic amblopics into the arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records;

1. Each written appraisal (the net 20,21);

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (including net time 12, copies of additional rulings, and current status of personal confinement);

1. Relevant law and the choice of punishment for a crime - Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act - Imprisonment with prison labor;

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendations] / Simple possession, etc. of medication and simple possession / [the scope of punishment to be recommended] / (1-3 years to be specially aggravated) / (1-3 years to be suspended) / (2) / 3 years to be suspended / 3 years to be suspended / 4 years to be suspended / 4 years to be suspended / 5 years to be sentenced] Offense related to narcotics is likely to cause adverse effects on society as a whole, such as undermining public health or causing other crimes due to addiction, decilation, etc. of narcotics.

Although the defendant had a record of the same kind of punishment, including the power of the same punishment, he was administered again during the period of the same repeated crime is disadvantageous.

Simple medication;

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