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(영문) 부산지방법원 서부지원 2018.10.31 2018고단1218
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

20,000 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 December 9, 2016, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on April 11, 2017.

Defendant is not a narcotics handler.

1. On May 4, 2018, the Defendant committed the crime: (a) around 15:00 on May 4, 2018, up to D’s E-te-te-te-te-te-te-te-te-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

2. On June 17, 2018, around 00:00 on June 17, 2018, the Defendant administered approximately 0.04 g of phiphone in water at a guest room where the head of Gel in Busan Jin-gu, Busan cannot be identified, and the Defendant administered 0.04 g of phiphone in a way of drinking in water.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Response to a request for appraisal;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the date of release);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 or 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 1, and 2 of the same Act;

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. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [The basis thereof] 200,000 won [the fact of crime = the 100,000 won value of 10,000 won philopon (the average nationwide price of 100,000 won for one philopon)]

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

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Type 3 (one year to three years), the aggravated area (one year to three years), such as the medication of the first crime, the simple possession, etc. (the suspension of execution within three years);

(b) Type 2 (marijus, flaps, b., c., etc.) basic area (one year to two years) (no person subject to special sentencing) including the two types (marijus, f., f., f., c., etc.).

(c) The scope of final sentence due to the aggravation of multiple offenses: one year to four years; and

2.In the case of narcotics-related crimes determined to be sentenced:

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