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(영문) 부산지방법원 2017.01.12 2016고단6101
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 or 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

[criminal history] On September 10, 2015, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on July 3, 2016, and the execution of the sentence has been completed at the Child Training Correctional Institution on July 3, 2016, and the same criminal history has been exceeded once.

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

1. On October 2, 2016, the Defendant: (a) received approximately 0.3 grams from D, a local mental medicine, from D in the vehicle operated by the Defendant, for free, on October 2, 2016, approximately 0.3 grams; (b) around 03:00 on October 3, 2016, the Defendant administered approximately 0.04 grams out of the said written phone, in the Defendant’s dwelling located in the second floor of Busan Sindong-gu, Busan, with water, in a way that the Defendant injecteds approximately 0.04g of the said written phone into the Defendant’s arms bloodline using the Japanese injection equipment.

2. On October 3, 2016, the Defendant carried a penphone by storing approximately 0.26g of plasticphones contained in the white part of vinyl clock in the clockus located in the clockus located in the clockus in Busan Shodong-gu, Busan, in a manner of keeping approximately 0.26g of plasticphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A criminal investigation report (attaching details of replies to requests for appraisal);

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

1. Previous convictions: inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the date of release);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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 Management of Confiscated Narcotics;

1. Crimes No. 1 for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), medication, simple possession, etc. (the items (b), (c) and (c)) of the aggravated area (one to three years) of the category (the special aggravated person) of the said category (the period of suspended execution for not more than three years) of the said category (the period of recommended punishment shall be not more than three years).

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