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(영문) 부산지방법원 2018.11.28 2018고단3942
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The evidence No. 2650 of the Busan District Public Prosecutor's Office, which was seized, No. 2650 of the pressure of 2018.

Reasons

Punishment of the crime

[criminal history] On July 7, 2017, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court, and on August 7, 2017, the Defendant was sentenced to four times of punishment for the same crime, such as the termination of the execution of the sentence at the Busan Detention House.

[Criminal facts]

1. On May 18, 2018, the Defendant administered philophones by means of infecting the Defendant’s arms using a one-time injection device, which was parked in front of the Defendant’s residence located in the Dong-gu Busan Metropolitan City (hereinafter “Wlophone”).

2. On August 28, 2018, around 19:25, the Defendant possessed a phiphone by inserting approximately 5.20g of a philophone, which is contained by dividing it into four white bags in front of transparent vinyl B in Busan Dong-gu, Busan, and storing approximately 5.20g of a philophone into the Defendant’s red fingers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (the sequence No. 9, 11, 20, 21, 22, 26 of the evidence list);

1. A response to each request for appraisal and a written appraisal;

1. Monthly trend table of narcotics;

1. Previous records: Inquiry into criminal records, investigation reports (Attachment of results of search of prisoners), and application of each statute of the judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Preparation of Narcotics, Etc. for Criminal Facts (the point of administration and possession of phiphonephones, and the choice of 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 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Crimes 1 for the reasons for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act / [the scope of recommendations] 3 types (1 to 3 years), the subject of the aggravation (1 to 1 year), the subject of the aggravation (1 to 3 years) of the Criminal Procedure Act / the subject of special aggravated punishment / [the subject of suspended sentence for not more than 3 years) 2 crimes [the recommended sentence] of the same type,

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