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(영문) 부산지방법원 2018.08.17 2017고단4301
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On June 12, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act by this court, and completed the execution of the sentence on February 5, 2016 at Daegu Prison.

On February 22:00 of the first day of February 2017, the Defendant: (a) put about approximately 0.05 g of Melopon (one philopon; hereinafter “philopon”) in a single-use injection machine, which is a local mental medicine, in the Defendant’s residence (U.S. F. B Manlop C head; hereinafter “M.”); and (b) administered a philopon by means of inserting it into a single-use injection machine; and (c) dilution into a human blood organ after dilution with water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure, an appraisal report (net 4), an investigation report (net 7,9), and a list of price lists of narcotics, etc.;

1. Previous convictions in judgment: Inquiry about criminal history, text of judgment, investigation report (netly 10), application of Acts and subordinate statutes concerning personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by imprisonment)

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 1840, Feb. 1, 2009) for the following reasons: (a) the period of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 1880, Feb. 29, 2009; (b) the period of punishment is within three years from 1 year to 3 years from 1 year from 3 years from 1 year from 1 year from 3 years from 1 year from 1 year from 3 years from 1 year from 2000; and (c) the period of punishment should be taken into account as prescribed in Article 51 of the Criminal Act, such as the fact that the promise is made at the date of the declaration that the person was promised to attend, and that there

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