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(영문) 부산지방법원 동부지원 2018.11.30 2018고단1769
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

The seized evidence Nos. 1 through 6 and 8 (the Busan District Public Prosecutor's Office shall be its branch office.

Reasons

Punishment of the crime

[criminal history] On January 28, 2016, the Defendant was sentenced to one year and two months of imprisonment for a violation of the Narcotics Control Act at the Incheon District Court on the ground of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the said sentence at the original prison on November 1, 2016.

[Criminal facts] The Defendant is not a narcotics handler

1. Medication of phiphones;

A. On February 17, 2017, at around 20:00, the Defendant administered approximately 0.07ghon to the Defendant’s arms at the Defendant’s house located in Busan Shipping Daegu, using a disposable injection device.

B. On August 19, 2018, at around 19:00, the Defendant administered D stores 1st floor in Busan, Daegu, by means of injecting approximately 0.04g of philopon into the Defendant’s arms using a disposable injection device.

2. Possession of philophones;

A. On February 18, 2017, the Defendant possessed phiphonephones by inserting approximately 0.03g of philophones in plastic bags in a way that they are kept in plastic bags.

B. On August 21, 2018, at around 16:04, the Defendant possessed a phiphone by keeping two phiphones in a way of keeping approximately 0.192g of philophones in the front side of Busan Shipping Daegu E-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each protocol of seizure, each list of seized articles, photographs, such as the seized phiphonephones, each request for appraisal, reply to each request for appraisal, photographs of seized articles, investigation reports (Attachment of photographs, such as philophones doubtfuls, etc. seized at the site of arrest of the suspect), narcotics appraisal reports, investigation reports (Attachment of results of examination of suspect hairs), photographs of seized articles, and confirmation of the country of injection with

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (verification of a suspect's repeated crime, etc.);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which a penalty is selected, and the choice of imprisonment for a crime, respectively;

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 Act on the Management of Confiscated Narcotics, Etc.;

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