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(영문) 부산지방법원 2015.05.15 2014고단10405
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Nos. 1 to 25 of seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

On December 1, 2011, the Defendant was sentenced to 8 months in Busan District Court's branch court's imprisonment for violating the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., and completed the execution of the sentence on April 24, 2012.

1. Even if the Defendant is not a narcotics handler, around October 28, 2014, around 20:30, the Defendant delivered approximately 0.05 grams of psychotropic drugs to D public bars and E, a psychotropic drug, to E, at the D public bar located in Busan Yadong-gu C, Busan, and received narcotics.

2. Even if the Defendant is not a narcotics handler, the Defendant possessed 25 disposable injection equipment, which contains a total of 10.17 grams on December 17, 2014, with a total of 13:50 phiphones, carrying narcotics, etc., concealed at the Defendant’s home, the wife of the Defendant, located in the Busan Seo-gu F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Notification of the results of appraisal and seizure of narcotics;

1. Previous convictions indicated in judgment: Application of the provisions of Acts and subordinate statutes to inquire about criminal records and investigation records;

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. The defendant shall be sentenced to imprisonment with prison labor, considering the fact that the defendant committed the crime of this case during the period of repeated crimes under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the fact that the phiphonephone in his possession is not less than 10.17 grams, and the defendant delivers phiphonephones to another person, and cause another person to administer it, etc., and the contents of the crime are not good;

However, it shall be considered that the defendant has no criminal history of the same kind, and in the case of possession of phiphonephones, the fact that he/she voluntarily surrenders is favorable to the defendant, and the punishment shall be determined in consideration of all the circumstances, such as the

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