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(영문) 부산지방법원 2017.11.24 2017고단4100
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 7, 2017, the Defendant was sentenced to imprisonment with labor for a crime of violation of the Narcotics Control Act and one year and two months. On October 20, 2017, the above judgment became final and conclusive.

On November 5, 2016, the Defendant, at around 20:00, delivered to C approximately 0.05 g of Melopon, a local mental medicine, which is a philopon (one philopon; hereinafter “philopon”) located in the single-use c, in front of the Nam-gu apartment apartment B in Ulsan-gu, Ulsan-gu, Seoul Special Metropolitan City, the Defendant received a philopon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by each prosecutor with respect to C;

1. A investigative report (not later than 6,11,14) and a list of price lists of narcotics, etc.;

1. Previous convictions in judgment: Inquiries about criminal history, text of judgment, and application of the Acts and subordinate statutes of inquiry into three cases;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Matters stipulated in Article 51 of the Criminal Act, such as: (a) the period of suspension of execution for the same kind of crime for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.; and (b) the relationship with C; and (c) the equity in the case of judgment concurrently with the crime of violation of the Act on the Control of Narcotics, etc., as stated in the judgment, should be considered.

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