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(영문) 부산지방법원 2014.09.19 2014고단6608

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Notwithstanding that the Defendant is not a person handling narcotics:

1. On July 25, 2014, around 23:00, in a manner of inserting approximately 0.05g of psychotropic drugs acquired from D prior to the Busan High-gu C building 30, 2014, in a single-use injection machine, in water and dilution, and in a manner of injecting them into their sprinkes;

2. At around 14:40 on July 27, 2014, around Fnbane 206 located in Busan Jin-gu, Busan and held approximately 0.29 g of the said penphone, which was administered, in a plastic bag, in a way that they were placed on the bed.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. A report on investigation (related to the drilling of the white-determined body) and a written appraisal;

1. Investigation report (survey of the current market price of Mept Apam and calculation of additional collection charges) and application of Acts and subordinate statutes governing monthly trends of narcotics;

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. In light of the fact that the defendant, for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., was sentenced to punishment twice for the same kind of crime, and that the defendant again committed the crime of this case without being aware of the fact that he had been under suspension of execution even though he had been under suspension of execution due to the crime of this kind, and that the amount of narcotics possessed by the defendant

However, considering the fact that the defendant is living in a confession and actively cooperate in the investigation, the punishment as ordered shall be determined in consideration of the sentencing conditions shown in the records, such as the defendant's age, character and conduct, and environment.