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(영문) 부산지방법원 2014.07.03 2014고단3352
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

On October 12, 2012, the Defendant sentenced the Busan District Court to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on November 12, 2013 in the Ansan Prison.

1. From April 20 to 16:00 on April 21, 2014 to 18:00, the Defendant administered narcotics, etc. by inserting approximately 0.03g of psychotropic drugs, etc., in a guest room in the Domotour room located in Busan Jin-gu C, and inserting approximately 0.03g of psychotropic drugs, in a single-use injection machine, and mixing them with water, and then injecting them into the left bloodline.

2. Even if the Defendant is not a narcotics handler, around April 22, 2014, around 09:00, the Defendant administered narcotics, etc. in a guest room in the Domotour room and in the same manner as paragraph (1).

3. At around 21:40 on April 24, 2014, the Defendant: (a) kept one cellphone, each of which contains 3.83 grams in the vicinity of the Domophone; (b) one plastic bags containing 0.06g of philophones; (c) one disposable injection device containing 0.15g of philophones in the guest room 606 of the said Dmophones; and (d) one disposable injection device containing 0.15g of philophones, each of which contains 0.15g of philophones in the guest room; and (e) carried 4.11g of philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Photographs (the name of the defendant and seized goods, etc. at the time of inspection);

1. Investigation report (the situation, etc. at the time of arrest of the defendant);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (pre-dispositions, report on results of confirmation, confirmation of the date of release, etc.);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

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. Confiscation.

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