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(영문) 부산지방법원 2015.09.17 2015고단1346

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On August 14, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at Suwon District Court on January 14, 201, and completed the execution of the sentence in the Chuncheon Prison on December 14, 2014.

【Criminal Facts】

1. On March 10, 2015, the Defendant, who is not a narcotics handler, put about 0.05g of the Defendant’s FK5 car parked around the E hotel located in Jinju-si, and collected approximately 0.05g of psychotropic drugs for a single-use injection machine, mixed with water, and administered narcotics.

2. Even if the Defendant is not a narcotics handler, at around 13:50 on March 11, 2015, in collusion with G, the Defendant possessed narcotics, etc. by inserting 97.8ggopon in the JNS car operated by G for the purpose of sale and inserting 15 million won in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles;

1. Notification of the result of legal and chemical appraisal;

1. Previous convictions: Application of the Act and subordinate statutes concerning criminal records and investigation reports (verification of the date of release of a suspect);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and Article 30 of the Criminal Act concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

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 Narcotics Control Act;

1. For the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., the penalty shall be additionally collected: Class 1 crime [the scope of recommendations] 3 (the scope of punishment ] medication, simple possession, etc., and the scope of final sentence due to the aggravation of multiple crimes (the suspension of execution within 3 years) of the aggravated area (1 to 3 years) of the aggravated area (1 to 1 year) of the same criminal records (1 to 3 years) of the same kind of punishment (the suspension of execution within 1 to 1 year) of the Act on the Control of Narcotics, etc.;