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(영문) 대전지방법원 2016.07.01 2016고단1589

마약류관리에관한법률위반(향정)

Text

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

Seized evidence 2 shall be confiscated.

205,00 won from the defendant.

Reasons

Punishment of the crime

On August 27, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court for ten months, and completed the execution of the said sentence on May 13, 2016.

Defendant is not a narcotics handler.

1. On May 20, 2016, the Defendant: (a) placed DNA 301 located in the Dong-gu Busan Metropolitan City (hereinafter “Doidephone”); (b) placed approximately 0.1g of mert cloids purchased from E in a disposable injection machine; (c) injected water and dilution into the left top.

2. On May 25, 2016, the Defendant: (a) inserted approximately 0.1g of penphonephonephones in F in Busan Dong-gu, Busan; (b) injected them into a single-use injection machine; and (c) injected them into the left arms after dilution and dilution.

3. On May 21, 2016, the Defendant: (a) administered 1 at the seat of the I, located in Busan H; (b) was issued by I for 5 strokes via the stroke m; and (c) until May 27, 2016, the Defendant possessed 4 strokes at the Defendant’s seat.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the result of a simplified test of reagents;

1. Entry of the police seizure record (Evidence 8);

1. Statement in an investigation report (report on the calculation of additional collection charges);

1. Application of the Acts and subordinate statutes stated in the investigation report (the confirmation of criminal records of the same kind, the written judgment and the case revoking suspended execution);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the point of scopon medication), Article 61 (1) 5, Article 4 (1) 1, and Article 2 subparagraph 3 (d) (the point of scopon medication) of the Act on the Control of Narcotics, Etc., Article 61 (1) 3, Article 4 (1) 1, Article 2 subparagraph 3 (the point of scopon medication, possession of scopon medication), and each decision of imprisonment;

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

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed by the Act on the Control of Narcotics, Etc. on May 25, 2016, with the largest penalty];

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

1. Article 67 of the Narcotics Control Act;