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(영문) 부산지방법원 2010.3.2.선고 2010고단500 판결

마약류관리에관한법률위반(향정)

Cases

2010 Highest 500 Narcotics Control Act (franking) in violation of the Act

Defendant

Kim A (61 years old, South)

Prosecutor

air route germs

Defense Counsel

Attorney Yoon Don-chul (Korean)

Imposition of Judgment

March 2, 2010

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1 and 2 shall be confiscated. 100,000 won shall be collected from the defendant.

Reasons

Criminal facts

On March 17, 2009, the Defendant was sentenced to one year in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in an official prison on January 25, 2010, and is not a person handling narcotics.

1. Around 07:00 on January 26, 2010, the Defendant injected approximately 0.03g of psychotropic drugs-related Mespacters (i.e., one philophones; hereinafter referred to as “philophones”) into a single-use injection machine, and melted them in a single-use injection machine, and administered them by means of injecting them.

2. On January 26, 2010, around 17:30 on January 26, 2010, the Defendant carried approximately 0.14g of philopon, which was sealed in the body of the Defendant’s house in which the Young-gu in Busan Young-do, Busan, Young-do, was located in the Defendant’s house, and the Defendant stored approximately 0.14g of philopon, which

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Requests for appraisal;

1. Each investigation report (calculated of photographs of seized articles and additional collection charges);

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (a copy of the judgment, and current status of personal identification and confinement);

1. Article applicable to criminal facts;

Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and proviso of Article 42 of the Criminal Act

1. Confiscation;

Article 48(1) of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

Judges

Judges Han Han-Gyeong