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(영문) 부산지방법원 2018.05.29 2018고단1692

마약류관리에관한법률위반(향정)등

Text

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

Seized No. 1 (excluding philophones consumed for appraisal) shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On December 23, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Changwon District Court on one year and two months, and completed the execution of the said sentence on January 14, 2017.

[Criminal facts]

1. Violation of the Narcotics Control Act;

A. On April 7, 2018, the Defendant, even if not a narcotics handler, stored approximately 0.03 grams of Metepopa (one philopopon; hereinafter “philopon”) which is a local mental medicine in the D basin male toilet located in Busan-gu Busan-gu, Busan-do, in a single-use injection machine, and injected them with water, and then injected them into his/her arms in his/her arms.

B. On April 10, 2018, the Defendant: (a) around 13:55 on April 10, 2018, put two gramphones into seven for a single-use injection machine; (b) put six of them into one part; (c) put the remainder into one part of one part; and (d) carried phiphones in a way that put them into one part of the part.

2. Around 19:30 on April 7, 2018, the Defendant violated the Narcotics Control Act (marijuana) smoked marijuana by inserting all tobacco openings in its possession at the same place as Paragraph 1-A, thereby reducing the tobacco smokes in its entirety, and attaching a fire to it, and then smoking the hemp in a way of 2-3 occasions by inserting it into a incombustible marijuana and attaching it to it.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of legal and chemical appraisal and investigation report (calculated of an additional collection charge);

1. Statement of police seizure and list of seizure (No. 3 and 4 No. 5)

1. Previous records: Application of Acts and subordinate statutes to inquire about criminal records and report criminal history (verification as to whether a suspect, a repeated crime is committed);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., and Article 61 (1) 4 and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc., for criminal facts;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 67 of the Act on the Management of Confiscated Narcotics, Etc.