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(영문) 부산지방법원 2016.10.27 2016고단5098
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 3 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On August 21, 2014, the Defendant, at the Busan District Court, sentenced one year and two months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the previous prison on June 22, 2015.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On August 31, 2016, the Defendant administered approximately 0.05g of the psychotropic drugs received from D on the same day by means of inserting them into a single-use injection machine and dilution with water at the office of the Defendant in Busan-gu, Busan-gu, Busan-do, and by injecting them into the bloodline.

2. On August 31, 2016, the Defendant kept one philophone in custody, at the home of the above Defendant, one philophone for a single philophone containing 0.06 g, and one philophone for a single philophone containing approximately 0.15ml containing liquid 0.15ml.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Police seizure records;

1. Notice of each appraisal result, and request for appraisal;

1. A report on investigation (calculated additional charges);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the date of release);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the selection of a sentence concerning criminal facts, and the selection of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. Additional collection of the Act on the Control of Narcotics, etc.: Class 1 crime for the reason of sentencing in the proviso to Article 67 of the Act on the Control of Narcotics [the scope of a recommendation] 3 (the scope of a person under special guard ; b) medication, simple possession, etc. ; the same criminal record (the suspension of execution within 3 years) for the same criminal record (the suspension of execution within 1 to 3 years) ; the second criminal record (the scope of a recommendation ; b) medication, simple possession, etc. ; the aggravated area (1 to 3 years) for the same criminal record (the suspension of execution within 3 years).

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