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(영문) 부산지방법원 2016.07.07 2016고단2765
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 3 or 4 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court on September 3, 2014, and on April 25, 2015, and completed the execution of the sentence at the Jeonwon Prison on April 25, 2015, more than four times the same military records.

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

1. On May 18, 2016, at around 16:00, the Defendant administered narcotics, etc. by inserting approximately 0.03 g of Mesopha (one philopon; hereinafter “philopon”) to a single-use injection machine and dilution them with water at the dwelling of the Defendant, 204-dong 202, Young-gu, Busan Metropolitan City, Young-do, 204-dong 202, a local mental medicine that was dry from sexually incurable D.

2. On May 18, 2016, around 20:00, the Defendant administered narcotics, etc. in a way of inserting approximately 0.03g of philopon into a single-use injection machine, dilution with water at the Defendant’s model F’s dwelling place located in the Busan Young-gu, Busan, and 0.03g of philopon into a single-use injection machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Reports on the results of preliminary tests for narcotics and fisheries;

1. An explanatory note (a criminal report and a response to a request for appraisal by the National Institute of Scientific Investigation);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (date of release and confirmation of repeated crimes);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Crimes No. 1 for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of a recommendation), medication, simple possession, etc. (the scope of a punishment) are subject to the aggravated category No. 3 (1 to 3 years) (1 to 3 years), and crimes No. 2 (the scope of a recommendation), which are subject to the aggravated category No. 3 (1 to 3 years) of the previous crimes (the suspended sentence for not more than 3 years) of the same type [the scope of a recommendation] medication, simple possession, etc. (1 to 1 year).

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