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(영문) 부산지방법원 2016.03.24 2016고단572

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

[criminal records] On April 3, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (competence) at the Seoul Central District Court on April 3, 2014, and completed the execution of the sentence at the Child Training Prison on July 14, 2015, and the same criminal records are 12 times.

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On February 2, 2016, around 15:00, the Defendant administered narcotics, etc. by inserting approximately 0.05 g of mert clurine (one philopopon; hereinafter referred to as “philopon”), which is a local mental medicine, into a single-use injection machine, and dilution with water, at the 606 heading room located in Busan, Jingu, Busan, and then administering narcotics, etc. in a way of injection.

2. On February 2, 2016, at around 21:00, the Defendant administered narcotics in such a way as to put about approximately 0.05g phiphones into a single-use injection machine, dilution with water, and injecting them into arms.

3. On February 3, 2016, at around 14:00, the Defendant administered narcotics, etc. in such a manner as to put about approximately 0.05g phiphones into a single-use injection machine, dilution with water, and injecting them into arms.

4. On February 3, 2016, around 16:30, the Defendant possessed narcotics, etc. by inserting approximately 0.1g of opon into the ground wall, at the Busan Police Station-type and the team office in exclusive charge of narcotics investigation located in the Busan Police Station-dong, Busan, Busan, and approximately 0.1g of opon into the ground wall.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (with respect to the result of appraisal of the white body which is a seized object); and

1. An investigation report (to attach text messages as a result of the prejudice appraisal);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (date of release and reporting on confirmation of repeated crimes);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on 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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Collection;