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(영문) 부산지방법원 2018.07.24 2018고단2356
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On April 12, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Busan District Court’s branch branch on April 12, 2017, and completed the execution of the sentence in the Jinju prison on December 28, 2017.

Despite the fact that the Defendant is not a narcotics handler, around May 25, 2018, administered chophones in a way of crophone in front of the D church located in Suwon-gu, Busan, in order to put about 0.03 g of the crophones (one philophone, hereinafter “philophones”), which is a local mental medicine, in front of the D church located in Suwon-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. An appraisal report on narcotics and a maternity appraisal report;

1. A table of transaction prices of narcotics;

1. Application of the Acts and subordinate statutes to the investigation report (whether any suspect is a repeated offender);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Three types (one year to three years) of the aggravated area (one year) (one year to three years) of the aggravated area according to the guidelines for sentencing, such as medication, simple possession, etc. (the scope of the recommended punishment), according to the sentencing guidelines, such as the range of the aggravated punishment (the scope of the recommended punishment), and the previous conviction (the suspended execution for not more than three years);

2. Circumstances unfavorable to the decision of sentence: The circumstances that have the past record of punishing identical crimes six times and that are favorable to repeating again during the period of repeated crime: To reflect the past record of criminal punishment and cooperate in the investigation, taking into account all the conditions of sentencing, including the age, sex, environment, motive, means, results, and circumstances after the crime;

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