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(영문) 부산지방법원 2015.01.23 2014고단8921 (1)
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence shall be confiscated as provided for in Articles 8 through 12.

300,000 won from the defendant.

Reasons

Punishment of the crime

Defendant

D On July 14, 2011, the Busan District Court sentenced 2 years to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) and completed the execution of the sentence on January 24, 2013.

Notwithstanding that the Defendant is not a person handling narcotics:

1. On June 2014, approximately 0.03g of philophonephones at the Defendant’s home around the end of the middle of the end of the year 2014, are administered by means of inserting them into a single-use injection machine, dilution with water, and dilution with the dilution,

2. Around October 2014, approximately 0.03 g of philophonephones at the Defendant’s home to a single-use injection machine, dilution with water, and administering them by means of injecting them into the blood bars of their own arms after dilution with water;

3. On October 2014, around 22:00, around the end of 22:30,00 a.m. from the path near the permanent residence of Jung-gu, Busan to sell A with approximately 1g of a philopon. A was intended to sell A with no money and only philopon, and the intent of escape was not achieved by the wind.

4. At around 09:00 on November 3, 2014, approximately 0.03 gilphones are injected in a disposable injection machine at the defendant's home, water and dilution and then in a way of injection into his/her arms he/she has sold stuffs;

5. On November 3, 2014, at around 20:35, the Defendant’s house located in Jung-gu, Busan J and 301, consisting of three plastic bags, which are divided into three plastic bags, was kept under large shocks, and the penphone, which is divided into two plastic bags, carried approximately KRW 10.03g in total, in a way that it is stored in his/her upper machine.

Summary of Evidence

1. Statement by the defendant in court;

1. A suspect interrogation protocol of the prosecution;

1. A written appraisal;

1. Investigation report (survey of the current market price of Mept Apams) and monthly trend of narcotics;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and current status of personal confinement;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor

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

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

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