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(영문) 부산지방법원 2017.09.22 2017고단3372
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 3 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 25, 2017, the Defendant, at C public toilets in the C Park, administered phiphones by inserting approximately 0.07 g of Melopics (one philopopon; hereinafter “philopon”) into a single-use injection machine, and dilution them with water, at the night, at public toilets of “C Park”, the Defendant administered philopics by means of injection.

2. On June 26, 2017, the Defendant administered DNA-phone medication in the same manner as the preceding paragraph of 0.07 g of philopon in the “DMoel” located in Ulsan-gun, Ulsan-gun, Ulsan-gun.

3. On June 26, 2017, around 19:42, the Defendant possessed approximately 8.49g of philopon by laying three plastic bags containing approximately 5.9g, approximately 2.22g, and approximately 0.28g of plastic bags on the table of the table located in the Busan-gu Busan-gu F. 306, Busan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each photograph/cinematographic output (including the text message conversation), a seizure protocol and a list of seizures, an investigation report (netly 20), a price list of narcotics, etc., and each statute of evidence;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) of the Criminal Act;

1. The grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] / the scope of the final sentence due to the aggravation of multiple offenses (10 months to 2 years) in the basic area (10 months to 3 years) of the Act on the Control of Narcotics, Etc. (the scope of the punishment) / [10 months to 10 years] : the scope of the sentence according to the aggravation of multiple offenses: 10 months to 3 years and 8 months [the sentence] according to the sentencing guidelines, although family and social ties are likely to be strengthened, it is highly worth considering the same criminal offense as long as it has long been committed. The crime of this case is limited to two times the simple medication and the "holding", and on the other hand, the crime of this case

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