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(영문) 부산지방법원 동부지원 2018.03.29 2018고단149
마약류관리에관한법률위반(향정)
Text

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

500,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On August 26, 2015, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Narcotics Control Act at the Ulsan District Court on August 26, 2015, and completed the execution of the said sentence on December 29, 2016.

Defendant,

1. Around October 2017, at D Seoju-gu, Busan, about KRW 400,000 from E at D Seoju-gu, Busan, and sold approximately 1.4g g philophones;

2. On January 27, 2018, around the beginning of the new wall, the Defendant administered approximately 0.03g of philopon in the Defendant’s residence by means of infecting the Defendant’s arms using a disposable injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Notification of the result of legal and chemical appraisal;

1. Previous convictions in judgment: An investigation report (Attachment of judgment) and the application of Acts and subordinate statutes governing criminal history;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts (selected to imprisonment with prison labor);

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Sentencing (No. 1) - The scope of recommendations for the special sentencing factors of Type 2 (mariju, fab, c, etc.) - the person subject to special sentencing (aggravating factors) - the scope of recommendations for the same criminal history and (a period of not more than three years of suspension of execution) - the area of aggravation (one year to June 4 years of suspension of execution) / the area of aggravation (a period of not more than one year and six months of suspension of execution) - the scope of recommendations for the special sentencing factors of Category 3 (b) (a period of up to three years of suspension of execution) - the area of aggravation of punishment for the same criminal history and (a period of not more than three years of suspension of execution) - the area of aggravation of punishment (the scope of final sentences according to multiple aggravated crimes) / June to June 1, 200

2. Determination of the punishment as ordered by taking comprehensive account of various sentencing factors, such as the defendant's age, sex, environment, and motive of crime, based on the above sentencing criteria; and

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