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(영문) 부산지방법원 2015.04.09 2015고단1179

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 3 shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On November 18, 201, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on November 18, 201, and completed the execution of the sentence in the racing prison on September 7, 2013.

【Criminal Facts】

1. On February 17, 2015, around 20:00, the Defendant purchased and traded approximately 1.83 grams of psychotropic drugs, psychotropic drugs, as psychotropic drugs, at approximately 500,000 won, from “D” 908, located in Busan-gu Busan-gu C, and from E, about 1.83 grams of psychotropic drugs.

2. Even if the Defendant is not a narcotics handler, on February 17, 2015, around 21:00, the Defendant injected approximately 0.07g of phiphonephones into a single-use injection machine, and injected narcotics into the sphoke and administered them.

3. Even if the Defendant is not a narcotics handler, around 14:00 on February 18, 2015, the Defendant administered narcotics, etc. after injection of approximately 0.09 gramphonephones in the trade in Busan Dong-gu, Busan, in the same manner as described in paragraph (2).

4. Even if the Defendant is not a narcotics handler, around February 19, 2015, administered narcotics, etc. after injection of approximately 0.09g opphones in the 306 Maurine located in Busan Dong-gu, Busan, in the same manner as described in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal;

1. Records of seizure and the list of seizure;

1. Copy of E/gram;

1. Previous records: Application of criminal records, investigation reports (date of release and attachment of a copy of judgment) and statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. Additional collection is an aggravated area (1 year to 6 months and 4 years) (1 year and 6 months and 4 years) of Type 2 (the scope of recommendation), including the sale, purchase, good offices, etc. of the grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc.;