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(영문) 부산지방법원 2015.12.22 2015고단6405
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 2, and 3 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On March 20, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Changwon District Court on March 20, 201, and completed the execution of the sentence in the Daegu Prison on August 20, 2014.

Criminal facts

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

1. On August 2015, the Defendant injected approximately 0.07gg of psychotropic drugs, at the Busan Sho-gu, Busan, the Defendant’s residence, Dancheon-gu, Busan, 501, with water, in a way that the Defendant injecteds approximately 0.07gg of psychotropic drugs with water, using a single-use injection device to the Defendant’s selling blood transfusion.

2. On September 21, 2015, the Defendant administered approximately 0.07 gramphones in the above Defendant’s residence in the foregoing manner.

3. On September 21, 2015, at around 12:15, the Defendant: (a) stored plastic bags containing approximately 0.27 grams in the cardets on which the above Defendant’s residence was located; and (b) possessed a penphone by keeping one part of a disposable injection device containing liquid 0.25ml containing liquid 0.25ml in the dilution.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Notification of the results of each legal and chemical appraisal (defensive and seized articles), and replys to requests for appraisal;

1. Seizure records;

1. Before a report on investigation (in relation to collection): Application of criminal records, personal identification and confinement status, and Acts and subordinate statutes concerning a report on investigation (the confirmation of the date of release);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated 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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for collection (the scope of recommending punishment), medication, simple possession, etc.;

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