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(영문) 부산지방법원 2017.10.20 2017고단4226
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 25, 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 April 2, 2016 at the Busan Correctional Institution on April 2, 2016, and is not a narcotics handler.

1. On May 24, 2017, the Defendant issued a penphone to C on May 24, 2017, around 02:30, at around C’s car parked near E apartment complex located near the Defendant’s residence (SY-gu, Busan) to C, a local mental medicine, approximately 0.03 g of Melopon (one name “Wlopon”; hereinafter “Wlopon”).

2. On July 2017, the Defendant administered phiphones by inserting approximately 0.03g of phiphones into a single-use 703g of E Apartment, the Defendant’s residence at around 02:00, in a way of injecting them into a single-use injection instrument and dilution them with water, and administering phiphones in a way of injecting them into a human blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning interrogation of suspect with respect to C;

1. Each appraisal report, the list of seizure and the record of seizure, each photograph/cinematographic output, investigation report (netly 15), and table 41 of the price list of narcotics, etc.;

1. Previous convictions in judgment: Inquiry about criminal history, sentence, personal confinement status, and application of Acts and subordinate statutes (netly 11);

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. 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. Article 35 of the Criminal Act for a repeated crime;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] medication, simple possession, etc.

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