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(영문) 부산지방법원 2014.05.22 2014고단2670
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

On November 17, 2011, the Defendant was sentenced to one year for violation of the Act on the Control of Narcotics, Etc. in Busan District Court on November 17, 201, and completed the execution of the sentence in Daejeon Prison on August 23, 2012.

1. Even if the Defendant is not a narcotics handler, around 08:00, around August 23, 2013, at the vicinity of the “D” packing end in Busan Shipping Daegu C, the Defendant granted approximately 0.3 grams of psychotropic drugs, to E without compensation, and accepted narcotics, etc.

2. 피고인은 마약류 취급자가 아님에도, 2014. 3. 27. 14:00경 밀양시 F에 있는 G휴게소 인근 시냇가에서, 필로폰 약 0.03그램을 1회용 주사기에 집어넣고 물을 섞은 후 오른팔 혈관에 주사하는 방법으로 마약류를 투약하였다.

3. Even if the Defendant is not a handler of narcotics, on March 28, 2014, around 14:20, the Defendant possessed a female narcotics by inserting one injection machine containing 0.75g philopon on the clopon on the clopon in front of Busan Shipping Daegu, Busan, and possessing it.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Copy of each protocol of suspect suspect of the police against E;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Photographs (the scene of arrest, seized articles, etc.);

1. Investigation report (calculated of a surcharge, etc.);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (the attachment of the same criminal records and the date of final release from the court);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 Control of Narcotics;

1. The reason for sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (Article 67 (1): 300,000 won or less equivalent to the penphone retail delivered to E in its holding: the market price of 100,000 won or more per penphone in its holding).

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