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(영문) 부산지방법원 2017.04.21 2016고단8363
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 10, 16 each shall be confiscated.

From the defendant, 200.

Reasons

Punishment of the crime

On February 6, 2014, the Defendant was sentenced to one year for committing a violation of the Narcotics Control Act at the Busan District Court, and on November 28, 2014, was not a person who completed the execution of the sentence at the Busan Correctional Institution, nor a person who handles narcotics.

1. On December 5, 2016, the Defendant: (a) delivered mephones (one philophone; hereinafter “philophones”) to E on the street in front of the DMat located in Busan, Busan, and received mephones by free delivering approximately 0.03 g of mephones (one philophones; hereinafter “philophones”).

2. On December 19, 2016, the Defendant administered philophones by inserting approximately 0.03g of philophones into G hotel 707 heading room in Busan Shipping Daegu F, and dilution them with water, and administering philophones by injecting them into arms.

3. The Defendant, at around 10:40 on the same day as paragraph 2, 10:2, around 707 of this Article, carried 3.59 g in total with a philop, by placing a philopon in his hand a part-time injection machine containing approximately 0.2g, 0.16g, 0.13g and 0.13g of plasticphones, four philopon bags 0.01g in a paper-to-face, and 0.01g in a paper-to-face blopon, and kept approximately 0.68g of a philopon in a car parked in the above hotel parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspects of E;

1. Each appraisal report, investigation report (netly 4, 12, 20, 22), records of seizure and list of seizure, and respective photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports, judgment and personal confinement status;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, and the choice 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 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 Control of Confiscated Narcotics, Etc. and Article 48(1) of the Criminal Act (Evidence No. 15) shall be written.

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