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(영문) 부산지방법원 2015.07.10 2015고단3263
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

On May 15, 2014, the Defendant was sentenced to one year in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in Busan Correctional Institution on March 9, 2015.

1. Around 16:00 on May 19, 2015, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) put about 0.09g of psychotropic drugs in the Defendant’s house located in the Geum-gu Busan Geum-gu Croud 401, and mix them into a disposable injection machine and mix them with water, and administered narcotics.

2. Around 04:30 on May 27, 2015, the Defendant: (a) took a knife knife (19cm) that was in the house due to the side effects administered by phiphonephones; and (b) took the same attitude of the victim D (Nam, 32 years of age) who was smoking tobacco on the fourth floor of the mademba, following the string of the cud corridor, while smoking the cudio corridor, the Defendant took a knife with the victim who gets out of tobacco on the knife (Nam, 32 years of age) without any reason, without any reason. (c) Around 27, 2015, the Defendant brought the victim who gets off the knife to the knife of the knife and knife on the knife by the Defendant.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of D;

1. Each protocol of seizure and each letter of expert witness;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes making inquiries about criminal records and historical records;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) of the Narcotics Control Act; Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act

1. Article 35 of the Criminal Act and proviso of Article 42 of the Criminal Act for aggravated repeated crimes.

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