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(영문) 부산지방법원 서부지원 2018.05.24 2018고단623
마약류관리에관한법률위반(향정)
Text

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

Seized evidence No. 1 shall be confiscated.

34,782 Won.

Reasons

Punishment of the crime

[criminal history] On December 27, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on December 27, 2016, and completed the execution of a sentence in the lawsuit of the first intersection of the North Korean Dos on March 6, 2018.

[Criminal facts] The Defendant is not a narcotics handler

1. On April 1, 2018, the Defendant, at around 10:40, injected approximately 0.03g of 0.69g c. c. c. c. c. c. c. c. c. c. c. c. c. c. c., a f.i., a f.i., a local mental medicine medicine purchased from sexual in Gangseo-gu Busan, Gangseo-gu, Busan.

2. On April 2, 2018, the Defendant possessed vinyl which contains approximately 0.66g of philophones at the same place as indicated in paragraph (1) around 00:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. A statement on narcotics appraisal;

1. On-site photographs and photographs of seized articles;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the date of release from office), application of the text of the judgment;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection = 0.03 grams/03 grams/0.69g ¡¿ 80,000 won: Provided, That where the amount is less than the original amount, the grounds for sentencing shall be discarded);

1. Scope of the recommended sentences 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. (one year to three items (b) and (c)) of the said type (a person subject to special aggravated punishment), and the previous conviction of the said type (a person subject to suspended execution within three years);

B. Three types (one year to three years), the aggravated area (one year to three years), including the medication, simple possession, etc. of the 2 crime, are subject to suspended execution within three years.

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