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(영문) 부산지방법원 2018.02.23 2017고단5068
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Seized [2017 order 5068] Nos. 1 and 2 shall be confiscated.

from the defendant.

Reasons

Punishment of the crime

On July 23, 2015, the Defendant was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, etc. in the Jinwon District Court’s Jinju branch for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on July 12, 2016 at the Net Prison, but is not a narcotics handler.

[2017 Highest 5068, hereinafter “5068”)

1. On October 10, 2017, the Defendant: (a) injected of philophones: (b) inserted approximately 0.05g of Melopon into a single-use injection machine; (c) inserted Melopon Melopon, which is a local mental medicine, in the coffee set toilet in Jinju-si, “D” at Jinju-si, and administered melopon in a way of injection into a single-use injection machine; and (d) dilution with water into a human blood organ.

2. On October 11, 2017, the Defendant, holding a phiphone, by inserting approximately 1.3g of phiphones into two philograms in the parking lot of Jinju-si E 1st floor in Jinju-si, in a manner that puts approximately 1.3g of philophones into two philograms.

[205] On July 15, 2016, the Defendant administered a philopon volume (one-time medication) to a coffee at the Defendant’s residence of Jinju-si around July 15, 2016.

Summary of Evidence

1. Previous convictions as indicated in the judgment: Inquiry about criminal history, output of inquiry into case, text of judgment, current status of acceptance by individuals, [5068] Investigation Report (netly 4]

1. Statement by the defendant in court;

1. Protocol and list of seizure, each photograph and image output, investigation report (10 times a month), price list of narcotics, etc., and appraisal report (605);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure, internal investigation reports (1) and appraisal reports, investigation reports (16,20 times a month), price lists of narcotics, etc., and treatment records;

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. 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. Matters concerning the management of narcotics in addition to collection;

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