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(영문) 부산지방법원 2018.11.08 2017고단5192
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, from July 24, 2017 to August 2, 2017, the Defendant administered a philopon by heating the Memopon (one philopon; hereinafter “philopon”), which is a local mental medicine, at the center of a day in Busan Metropolitan City, such as the Defendant’s residence in Gangseo-gu to Busan Metropolitan City (hereinafter “Wlopon”), and driving the philop on the basis of the method of spreading the smoke.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A statement on narcotics appraisal;

1. Details of cell phone calls and station calls;

1. Report of investigation (specific facts of crime);

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning the facts constituting an offense;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on 100,000 won at the market price of one philopon administered on a one-time basis) [the scope of recommended punishment] the area of aggravation (1 to 3 years), the area of aggravation (1 to 1 of year), the area of aggravation (1 to 3 years of special aggravation] of the same kind of crime (the decision of suspension of execution within 3 years) [the decision of sentence] the crimes related to narcotics, etc. are likely to harm people's health or adversely affect society as a whole, such as harm to people's health, or causing other crimes, and it is not easy to detect them in light of their characteristics, and the risk of recidivism is high, thereby adversely affecting society as a whole.

On June 30, 2017, the Defendant was sentenced to a three-year suspended sentence for a violation of the Narcotics Control Act in the Seoul Central District Court on the following grounds: (a) on July 8, 2017, the Defendant was sentenced to a four-year suspended sentence; and (b) on July 8, 2017, the said suspended sentence became final and conclusive; and (c) even during the suspended sentence,

In addition, the records of this case, such as the circumstances, means and methods of the crime of this case, the circumstances after the crime, the age, sex, and environment of the defendant.

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