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(영문) 부산지방법원 2015.09.10 2015고단4057

마약류관리에관한법률위반(향정)

Text

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

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

On April 6, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on April 6, 2012, and was punished for the same crime on March 29, 2014 and six times.

Criminal facts

1. On June 2, 2015, the Defendant sold and purchased narcotics, etc., after selling approximately 0.53 grams of psychotropic drugs, to C in front of the Busan Station located in the Seocho-dong, Busan, and selling them to C in front of the Busan Station.

2. On June 23, 2015, around 03:00, the Defendant, at the Defendant’s house located in Busan Jin-gu, Busan, 0.03gopon in a single-use injection machine, added up approximately 0.03gopon into a single-use injection machine, mixed with water, and administered narcotics, etc. by taking them into the left part of the blood line.

3. Although the Defendant is not a narcotics handler, on June 23, 2015, the Defendant injected approximately 0.03 grams of opphones in the same manner as indicated in paragraph (2) at the same place as indicated in paragraph (2), and administered narcotics.

4. Even if the Defendant is not a narcotics handler, on June 24, 2015, at around 10:10, the Defendant possessed narcotics, etc. by inserting approximately 0.03g of penphonephones in the same place as indicated in paragraph 2, and possessing them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Seizure records;

1. Notification of the result of legal and chemical appraisal;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the previous records of disposition and report on results of confirmation);

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, Articles 38 (1) 2 and 50 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 and six months to four years) of category 2 (mariju, flag b, item (c), etc.) including the grounds for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. and the sales, good offices, etc.