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(영문) 부산지방법원 2016.09.09 2016고단2916

마약류관리에관한법률위반(향정)

Text

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

Seized evidence 1 to 10 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

[criminal history] On February 14, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court for a violation of the Act on the Control of Narcotics, etc., and on October 12, 2013, in addition to the completion of the execution of the sentence at the Net Prison, the Defendant has the same force once more.

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On May 31, 2016, at around 20:20, the Defendant administered narcotics, etc. in a manner of injecting 1-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-face-to-face-to-face-face-to-face-to-face-face-to-face-face-to-face-face-face-to-face-face-face-to-face-face-to-face-face-to-face-face (hereinafter “

2. On May 31, 2016, the Defendant possessed narcotics, etc., on the following grounds: (a) around 21:10: (b) around 21:50; (c) around 508; (d) two single-use guards containing approximately 0.05g phiphones; and (e) one transparent plastic flophones containing 0.3g of phiphones.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each written appraisal (No. 24,26) ;

1. Investigation report (the result of legal expert testimony and some of the seized objects as a result of expert testimony);

1. Each protocol of seizure;

1. Previous records on a criminal investigation report (additional collection): Inquiry of criminal history and application of Acts and subordinate statutes on criminal investigation reports (date of release from office and confirmation of repeated crimes);

1. Selection of a punishment for a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, or selection of a punishment for a crime under Article 60 (1) 3 (b);

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, Etc., and Article 48 (1) of the Criminal Act;

1. The grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment], the scope of the punishment, the simple possession, etc. shall be as follows: (b) the basic area (one hundred to two years) (one hundred to two years) of the Act on the Control of Narcotics, Etc.; (c) the same kind of cooperation in the investigation.