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(영문) 부산지방법원 2016.09.09 2016고합158
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 6 shall be confiscated.

10,000 won from the defendant

Reasons

Criminal facts

[Criminal history] The Defendant was sentenced to a suspended sentence of two years on December 11, 2015 by imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on December 3, 2015, and is currently under a suspended sentence of two years.

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

1. On March 4, 2016, around 12:00, the Defendant administered narcotics, etc. in the way of drinking approximately 0.05g of mert clopon, which is a local mental medicine, in the string vehicle located in the Busan Jin-gu, Busan, by drinking out approximately 0.05g of clopon (the copon; hereinafter “copon”).

2. On March 4, 2016, around 14:55, the Defendant: (a) stored a disposable boomer with a single bron 0.5gh, parked in Busan Dong-gu G, and the front street, and stored in a crowdfunding box, and held narcotics, etc. by keeping the plastic medicine of approximately 0.48g of approximately 0.48 g of a similar fat (JWH)-018 (hereinafter “BBB”); (b) stored in a brace, which is similar to the fat (JWH)-018, in a double blobb; and (c) stored in the wall.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure, each list of seizure, and photographs of seized articles;

1. Each response to a request for appraisal;

1. Each investigation report and accompanying documents (the sequence 13, 25 through 27, 33, 36, 37, 39, 40 of the evidence list);

1. Application of Acts and subordinate statutes to inquiries about criminal history;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act concerning criminal facts, Article 59 (1) 5, subparagraph 5 of Article 3, and subparagraph 3 (a) (b) of Article 2 of the Narcotics, etc. Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Article 40 and Article 50) of the Act on the Control of Narcotics, etc. by Handphone Possession and a violation of the Act on the Control of Narcotics, etc. by Dobs Possession (fluence) and a crime of violation of the Act on the Control of Narcotics, etc. by Dobs Possession (fluence) are defined as a crime of violation of the Act on the Control of Narcotics, etc.

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