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(영문) 부산지방법원 2018.09.14 2018고단1875
마약류관리에관한법률위반(향정)
Text

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

Seized evidence No. 1 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

Although the Defendant was not a narcotics handler, the Defendant treated the narcotics as follows:

1. On April 18, 2018, the Defendant administered a philophone medication in around 16:00 by inserting approximately 0.07 g of Mephones (one philophones; hereinafter “philophones”) who are a local mental medicine in the 705 Mazine in Kimhae-si, and inserting them into a single-use injection machine and dilution with water, and then injecting them into the arms.

2. On April 18, 2018, the Defendant, holding philophones, filed a lawsuit in a way that the Defendant was placed in a plastic bag 0.34g of philophones and a cash bag 0.34g from the front side of the “F real estate” located in Busan B, Busan, on April 18, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the record and list of seizure, each photograph and image output, appraisal document, investigation report (netly 16), and the price list of narcotics, etc.;

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 48 (1) of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2020, Jun. 15, 2017) is for sentencing [the scope of final sentence due to the aggravation of multiple crimes (one year to three years) in the area of aggravation of punishment (one year to three years) (one year to three years): The person subject to special aggravation of punishment] within the scope of the above sentence according to the sentencing guidelines for one year to four years and six months (the decision of sentence]; the defendant committed the instant crime during the period of suspension of sentence after being sentenced to the suspended sentence for the same kind of crime; the defendant committed the instant crime after being sentenced to the suspended sentence on June 15, 2017 by the court; the branch of the Busan Probation Office, who is newly in charge of observing the protection and observation of the defendant, present at the date of the first interview and interview at the first time, and talk with narcotics offenders.

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