beta
(영문) 부산지방법원 2012.10.25 2012고단5943

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. The number 2 to 2.1 of the list of seized articles in six for a single-use period of time;

Reasons

Punishment of the crime

On June 3, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on April 10, 201, and completed the execution of the sentence.

The defendant is not a person handling narcotics.

1. On June 2012, the Defendant: (a) delivered Handphones to the Defendant, on June 1, 2012, around the first half of the first half of the first half of the month; (b) delivered approximately 0.03 g of the psychotropic drugs, to D, a psychotropic drug, at the package flapsing in Busan, where the trade name near the C beach located in Seo-gu, Busan.

2. On July 17, 2012, the Defendant issued Handphones without compensation, around 22:35, July 17, 2012, the Defendant issued G on the street in front of the “Fju Store E” adjacent to the Busan Coastal Center E, G on the street and granted H approximately 0.08 g of philopon in the chloopic car.

3. At around 19:00 on July 26, 2012, the Defendant administered phiphones by inserting approximately 0.03 gopon into a single-use injection instrument and melting it into a single-use blood transfusion. < Amended by Act No. 11354, Jul. 26, 2012>

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. The police statement of H;

1. Notification of the results of appraisal of narcotics, etc., report on investigation (training of urine-Meakspers), and drilling (Notification of the results of appraisal and training of urines);

1. Reporting on the calculation of an additional collection charge (400 thousand won);

1. Records of seizure and the list of seizure;

1. Each investigation report (report on photographing photographs of philophones, and report on photographing seized objects);

1. Previous convictions: Application of Acts and subordinate statutes to resident inquiry and criminal records, investigation reports (verification of the date of release, etc.);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2 of the Act on the Control of Narcotics, Etc., the Selection of Punishment for Criminal Facts, and the Selection of Imprisonment with prison labor;

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

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

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

5. Article 67 of the Narcotics Control Act.