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(영문) 부산지방법원 2017.12.15 2017고합391
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for two years.

Nos. 2 and 3 of the evidence seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

[Criminal record] On August 18, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (fence) at the Busan District Court on September 17, 2016 and completed the execution of the sentence.

[Criminal facts] Even if the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On May 30, 2017, at around 23:00, the Defendant d'D' telephone 605, which is located in Kimnam-si Kim Jong-si, contained approximately 0.07g of Melopon in a single-use injection machine (hereinafter referred to as "philopon"), d'copon' in a single-use injection machine, and d'copon in a way of injection into a wooden pipe, and smoked marijuana by inserting approximately 0.06 g of marijuana into a wooden pipe with a rash.

2. On May 31, 2017, at around 11:10, the Defendant carried marijuana 605, with a view to smoking marijuana, he/she carried approximately 0.06g of marijuana in a wooden pipe on the table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (the appendix of photographs, the site of seizure and photographs of a vaccinationer due to the administration of suspect phiphonephones as a result of a scopic simplified examination, attach photographs to the report on telephone as a result of the appraisal of seized articles, attach a suspect's defense and an appraisal of seized articles, and attach an appraisal report thereon) and an appraisal report;

1. A report on the result of the preliminary test of narcotics;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (date of release from office and confirmation of repeated crimes);

1. On January 1, 201, Article 60 subparag. 2, Article 4 subparag. 1, Article 2 subparag. 3(b) of the Act on the Selection of Narcotics, Etc. (the point of scopon medication, the point of imprisonment with prison labor), Article 61 subparag. 4(1) and Article 3 subparag. 10(a) of the Narcotics Control Act (the point of smoking marijuana, the point of imprisonment with prison labor), Article 61 subparag. 4(1)4(b) and Article 3 subparag. 10(b) of the Narcotics Control Act (the point of holding marijuana for smoking, the choice of imprisonment with prison labor), Article 61 subparag. 4(1)4(b) and Article 3 subparag. 10(b) of the Act on the Control of Narcotics, Etc.

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