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(영문) 부산지방법원 2015.11.06 2015고단6372

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on November 22, 2013, and on May 23, 2014, up to two times of the same criminal records, such as the termination of the execution of the sentence in the Ulsan Detention House.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On August 21, 2015, at around 21:00, the Defendant received approximately 0.3g of psychotropic drugs, which are psychotropic drugs, contained in a single-use injection machine, from C, from 302 of the building D in Yangnam-si, Yangyang-si, the residence of C, and administered 0.03g of the camopon using a single-use injection device, at around 22:00 on the same day, the Defendant administered camopon using the cam in a way of injectinging approximately 0.03g of the camopon with water at the above camopon’s residence.

2. On September 3, 2015, around 22:00, the Defendant administered approximately 0.03 gramphonephones in Busan Eastdong-gu E in the foregoing manner.

3. At around 18:00 on September 8, 2015, the Defendant administered approximately 0.03 gramphones in the aforementioned manner.

4. On September 12, 2015, the Defendant administered approximately 0.03 gramphones in the foregoing manner at around 22:00 Fambur 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Notification of the results of respective legal and chemical appraisal (intestine and disposable injections) and replys to requests for appraisal;

1. Seizure records;

1. Before a report on criminal investigation (related to collection): The application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase 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. Article 67 of the Narcotics Control Act;