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(영문) 부산지방법원 2018.10.18 2018고단3280
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

[criminal history] On October 15, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Narcotics Control Act at the Eastern District Court in Seoul, and completed the execution of the sentence on August 1, 2015.

[Criminal facts] The Defendant is not a narcotics handler

1. On July 16, 2018, the Defendant: (a) received a penphone with approximately 0.1g of clopon, which is a part of a local mental medicine medicine that is being flopon from D, at the Defendant’s home located in Busan B building and the Defendant’s home located in subparagraph C, with approximately 0.1g of copon, without compensation.

2. Between July 17, 2018 and around 02:00 on July 17, 2018, the Defendant administered a phiphone in a way of cating 0.1g caton to coffee at the above Defendant’s home to 03:00.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each response to a request for appraisal;

1. Police seizure records;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: Inquiries about criminal history, investigation reports (verification of suspect repeated offenses), and application of Acts and subordinate statutes to search results of prisoners by the Ministry of Justice;

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., for which the relevant Act and the selection of a punishment are provided for, and Article 60 (1) 3 (b) of the same Act concerning 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 first crime for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on the market price of 100,000 won for one philopon administered once) [the scope of the punishment recommended], the scope of the punishment, and the simple possession thereof, etc.] of the aggravated (1 to 3 years) (1 to 3 years) (special aggravated) [the scope of the punishment recommended] of the previous crimes of the same species [the scope of the punishment recommended] of the basic area (1 to 2 years for marijuana, flopon, b. and c.) of the basic area (1 to 3 years for suspended sentence] of the second category (the scope of punishment recommended] of the basic area (1 to 1 to 2 years for marijuana, f.a., f., and c.) [the final sentencing person] of the multiple aggravated punishment for which no special sentencing person exists: one year to 1 to 4 years [the sentence].]

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