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(영문) 부산지방법원 2015.02.05 2014고단8550

마약류관리에관한법률위반(향정)

Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Notwithstanding that the Defendant is not a person handling narcotics:

1. On June 14, 2014, around 19:00, to deliver and receive approximately 0.03 grams of psychotropic drugs, psychotropic drugs, to E, who were known in a usual sense at the office of manpower agency located in Jinhae-si, Changwon-si, Changwon-si, to E without compensation at the office of manpower agency, and 0.03 grams of psychotropic drugs, enclosed in paper;

2. On October 11, 2014, around 19:00, the Defendant’s house “G building” located in the Jinhae-si F was administered by inserting approximately 0.03g gramopon in a single-use injection machine, dilution with water, and then inserting them into his/her own spoptop drum.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Police seizure records;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Currency details;

1. Photographs (the result, etc. of the examination of urine simple reagents);

1. Application of Acts and subordinate statutes to investigation reports (the result of a summary examination of the prosecution, etc.);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on the market price of 100,000 won for a single scoponononon) is that the Defendant again committed the instant crime even though he had been sentenced to several punishments for the same kind of crime. In addition, considering all the circumstances, such as the background, means, method, and frequency of the instant crime, the Defendant committed the instant crime, the decision is made as per Disposition.