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(영문) 부산지방법원 2016.10.13 2016고단3595
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 2, and 3 shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On April 7, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on October, 201, and the suspended sentence was finalized on August 5, 2016.

【Criminal Facts】

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

1. On June 25, 2016, the Defendant, at around 07:00, administered philophones by dilution approximately 0.2 grams of psychotropic drugs (one-name hereinafter “philophones”) with water from psychotropic drugs, and using a disposable injection device, administered philophones by means of injection into the Defendant’s arms blood cells.

2. On June 25, 2016, at around 11:45, the Defendant laid down a vinyl 11:202, which contains approximately 0.19g of philophonephones on the tables at the location.

Accordingly, the defendant possessed approximately 0.19g of philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Requests for each appraisal (pine, color-finding body, etc.);

1. A report on investigation (calculated additional charges);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the progress of public trial cases), summary information of case, and application of two copies of Acts and subordinate statutes in a final and conclusive judgment;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the selection of a sentence concerning criminal facts, and the selection of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. For the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., the penalty shall be imposed on the second crime that has no basic area (10 to 2 years) (10 to 10 years) of types 3 (the scope of recommendations) of the Act on the Control of Narcotics, etc. [the scope of recommendations] of types 3 (10 to 2 years) of the basic area (10 to 10 years) of medication, simple possession, etc. (10 to 2 years) of the Act on the Control of Narcotics, etc.

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