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(영문) 울산지방법원 2015.05.20 2014고단3823

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 or 2 shall be forfeited from the accused.

Reasons

Punishment of the crime

On October 4, 2005, the Defendant was sentenced to 8 months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on October 4, 2005 and completed the execution of the sentence at the Busan Detention Center on March 10, 2006, and is not a person handling narcotics.

1. The point of medication;

A. On November 16, 2008, the Defendant, at the Defendant’s residence located in Busan Seo-gu, administered approximately 0.03g of psychotropic drugs, in a single-use injection machine, in which the Defendant injected them into the body of the blood banks left at the Defendant’s left side.

B. At around 01:00 on November 15, 2014, the Defendant administered approximately 0.03g of philophones in the foregoing manner, around 01:00, the Defendant administered D apartment 104 Dong-gu, Busan, Busan, about 0.03gopons.

C. At around 23:30 on December 1, 2014, the Defendant administered approximately 0.03 grams of philophones in the above D Apartment No. 104 512, 512.

2. Around 16:00 on December 2, 2014, the Defendant possessed approximately 1.78g of the instant D Apartment No. 104 and 512, which was in possession, by inserting approximately KRW 1.78g of philophones in plastic bags, into plastic bags.

Summary of Evidence

1. The defendant's legal statement [the fact of subparagraph 1-A (A) at the time of market];

1. Written appraisal (No. 18) (No. 18) (each fact described in sub-paragraph (b) and (c) and paragraph (2) of the judgment in the market);

1. The protocol of seizure (No. 3), the protocol of appraisal (1), and (2) (2) (former and previous records on the market);

1. Application of Acts and subordinate statutes to criminal records, written judgments, and current status of personal identification and confinement;

1. Article 60(1)3, Article 4(1), and Article 2 Subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201); Article 60(1)2, and Article 4(1)1, and Article 2 Subparag. 3(b) of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Nov. 16, 2008); Articles 60(1)2, and 60(1)3, and 4(1)3(b) (in the case of balphopon medication and possession) of the Act on the Control of Narcotics

1. Article 35 of the Criminal Act among repeated crimes (as to Article 1 of the Criminal Act)

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