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(영문) 부산지방법원 2018.02.08 2017고단5135
마약류관리에관한법률위반(향정)
Text

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

subparagraph 1 of the seized evidence shall be forfeited from the accused.

Reasons

Punishment of the crime

On March 7, 2014, the Defendant was sentenced to imprisonment with labor for a crime of violation of the Narcotics Control Act at the Busan District Court on March 7, 2014 and completed the execution of the sentence on January 5, 2015.

Criminal facts

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On September 12, 2017, between around 12:00 to 13:00, the Defendant: (a) put about approximately 0.07g of Melopon (one philopon; hereinafter “philopon”) in a single-use injection machine, which is a local mental medicine, at the office of “D” located in the window C of Changwon-si; and (b) administered philopon by means of injection into a single-use injection machine; and (c) dilution with water; and (d) injected into a human blood organ.

2. On October 8, 2017, at around 17:00, the Defendant injected philophones by inserting approximately 0.07g of philophones into the hospital 602 bottled room in Kimhae-si, and dilution with water, and then administering philophones by injectinging them into the cirb connected to the steb.

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 inquire about criminal history and investigation reports (date of release and confirmation of repeated crimes);

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., for which the relevant Act and the Act on the Management of Narcotics, Etc., for which a punishment is selected, are to be imposed;

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. Crimes No. 1 for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of a recommendation), medication, simple possession, etc. (the scope of a punishment) in the area of aggravation (one to three years) of types (one to three years), the area of aggravation (the scope of a recommendation), the area of aggravation (one year to three years), the area of a punishment), the area of aggravation (one year to three years), the area of a punishment (the scope of a recommendation), the area of a punishment (the items (b) and (c) of the item (the item (a) and (c) of the same item) of the same Article (the person of special aggravation), the area of which is subject to the punishment (the period of a punishment within three years).

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