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(영문) 부산지방법원 2018.02.23 2017고단5370
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence No. 1 shall be confiscated.

25,300 won from the defendant.

Reasons

Punishment of the crime

On July 15, 2016, the Defendant was sentenced to one year to imprisonment for a violation of the Narcotics Control Act at the District Court for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence at the former prison on May 24, 2017, and is not a narcotics handler.

1. On October 18, 2017, the Defendant administered philophones by inserting approximately 0.05 g (one philophones; hereinafter “philophones”) a part-time clopon, which is a local mental medicine, in his/her dwelling (Seoul Northern-gu Seoul Northern-gu Office building 202), in a single-use clopon and dilution with water, and then administering philophones by inserting them into a single-use copon.

2. On October 19, 2017, the Defendant, holding phiphones, carried phiphones by putting approximately 0.64g of philophones in two for a single-use type-use-use-use-use-use-use-use-use-use-use-use-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-based-

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, each photograph and image output, investigation report (net 10), appraisal report;

1. Previous convictions in judgment: Inquiry about criminal history, investigation reports (9 times a year), text of judgment, and application of Acts and subordinate statutes concerning the status of personal confinement;

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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 1850, Feb. 1, 2008; Presidential Decree No. 2010, Feb. 19, 2008; Presidential Decree No. 2010, Feb. 19, 200; Presidential Decree No. 2010, Feb. 22, 201; Presidential Decree No. 2010, Feb. 3, 2006; Presidential Decree No. 2010, Feb. 23, 2006; Presidential Decree No. 20130, Feb. 2, 2006; Presidential Decree No. 2010, Feb. 2, 2006).

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