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(영문) 부산지방법원 2019.08.21 2019고단1886

마약류관리에관한법률위반(향정)

Text

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

Seized evidence shall be confiscated. The evidence 1 through 10 and 12 through 14 shall be confiscated.

Reasons

Punishment of the crime

On September 23, 2016, the Defendant was sentenced to 10 months of perjury in the Busan District Court, and completed the execution of the sentence in the Busan Correctional Institution on July 23, 2017, and was not a narcotics handler.

1. Medication of phiphones;

A. On December 2018, the Defendant: (a) around 20:00 on the lower end of December 2018, 2018, the Defendant injected approximately 0.07 grams of psychotropic drugs, psychotropic drugs, in the single-use c of the building B in Busan Sin-gu, Busan (hereinafter referred to as “clopon”; hereinafter referred to as “coponon”), and dilution them with water; and (b) administered them in a way of injecting them into the blood transfusion.

B. On April 17, 2019, the Defendant administered approximately 0.07 gramphonephones in the same manner as the above paragraph (a) around 16:00 on April 17, 2019.

2. At around 19:20 on April 17, 2019, the Defendant: (a) carried approximately 10.12 grams in the Domo-gu Domo-gu Dmo-si Mamo-si (0.21g, 0.19g, 2.32g, 0.5g, 6.35g, 0.06g), one plastic bag (0.31g, 0.01g, 0.01g, 0.11g, 0.06g); and (b) carried them in six plastic bags (6 plastic bags); (c) hand bags (1) and (d) in the right part of the Domo-gu Mamo-gu Mamo-si (3).

Summary of Evidence

1. Defendant's legal statement;

1. An appraisal report, a written appraisal, and an appraisal report;

1. The police seizure record and the list of seizure;

1. Investigation report (as to attaching photographs of seized articles at the site);

1. Previous records: Application of criminal records and investigation reports (written judgments against A and binding of certificates of confinement) Acts and subordinate statutes;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and selection of imprisonment with labor;

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 Act on the Management of Confiscated Narcotics;

1. Management of narcotics, etc. additionally collected;