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(영문) 부산지방법원 2015.07.17 2015고단2362
마약류관리에관한법률위반(향정)
Text

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

Seized Nos. 1 to 11, 16, and 17 shall be confiscated from the accused.

Reasons

Punishment of the crime

1. On April 21, 2015, the Defendant sold to C approximately 0.12g of psychotropic drugs, psychotropic drugs, at the mutual influorite room located in the Gyeyang-dong, Gyeyang-si, Yangsan-si, and sold to C approximately 0.12g of psychotropic drugs, psychotropic drugs, for approximately 50,000 won.

2. On April 22, 2015, around 03:00, the Defendant, who is not a narcotics handler, put about approximately 0.03 grams of philophones into a single-use injection machine, and injected narcotics into the left arms bloodline and administered them.

3. On April 22, 2015, the Defendant: (a) around 21:50, the Defendant was not a narcotics handler; (b) on April 22, 2015, around 21:50, around D’s house in Gyeyang-si; (c) on the part of B’s bar, approximately approximately 2.75g of philophonephones, one disposable injection machine containing melting in water in the instant machine; and (d) carried multiple drugs.

4. Although the Defendant is not a narcotics handler, around April 23, 2015, around 00:30, the Defendant possessed narcotics, etc. by inserting approximately 0.37 grams of philopon in the Busan House located in the main harbor of the Busan Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the prosecutor's protocol of examination of the defendant

1. A certified copy of each protocol of examination of suspect C;

1. Notification of the result of legalization appraisal;

1. Each request for appraisal (in response to a request for appraisal);

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Medication and simple possession of the second-crime for which the basic area (one year to two years) (one year to two years) is (one year to two years) for the reasons for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations) is not applicable.

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