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(영문) 부산지방법원 2016.09.08 2016고단2927

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence1 through 9 shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On January 30, 2015, the Defendant was sentenced to imprisonment for one year and four months with labor for a crime of violation of the Narcotics Control Act, etc. at Busan District Court on January 30, 2015, and was sentenced to four months for a violation of the Act on the Control of Narcotics, etc. at Busan District Court on January 30, 2015, and was sentenced to four months for a violation of the Act on the Control of Narcotics, etc. at the Busan District Court on December 28, 2015 and had the same kind

【Criminal Facts】

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

1. On May 30, 2016, around 19:00, the Defendant smoked marijuana by removing “D” 401 Monobur of tobacco in Busan Jin-gu, Busan, and by inserting the marith of marijuana in a way of smoking by inserting the marith of marijuana in the said way.

2. At around 19:00 on May 31, 2016, the Defendant administered narcotics, etc. at the above DNA 401 room, and at the same time, at 0.03g scopon to coffee.

3. On May 31, 2016, around 20:00, the Defendant received narcotics, etc. by delivering approximately 0.45 g of philopon to G, within the NAS car parked in F in the vicinity of Busan Jin-gu, Busan.

4. On June 1, 2016, around 16:15, the Defendant possessed narcotics, etc. by inserting approximately 8.8gh from “I” telephones located in H in Busan, Busan, on the five-story, and inserting approximately 8.8gh of penphones into vinyl paper, disposable injection machine, and mebane, and inserting 1.74g of marijuana in vinyl paper, and storing them in fingers and wallets.

Summary of Evidence

1. Defendant's legal statement (in case of paragraph (3), part);

1. Statement of witness G;

1. Copy of the protocol concerning the examination of suspects concerning G;

1. Copy of the protocol concerning the examination of suspects of G;

1. Each protocol of seizure;

1. Report on investigation (explosion, hair and appraisal of seized articles);

1. A report on investigation (calculated additional charges);

1. Previous offense: Application of Acts and subordinate statutes to criminal records, investigation reports (date of release and confirmation of repeated offense);

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