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(영문) 부산지방법원 2014.10.30 2014고단7379
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 to 7 shall be confiscated.

From the defendant, 300.

Reasons

Punishment of the crime

On July 19, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on July 19, 2012, and completed the execution of the sentence in the Busan Correctional Institution on July 16, 2013.

1. On January 7, 2014, around 21:50, the Defendant received narcotics, etc. by delivering approximately 0.03 grams of psychotropic drugs, to E, within the Defendant’s car located in the Busan National University located in Geum-gu, Busan, the Defendant: (a) on the vehicle located in Geum-gu, Busan; and (b) on the other hand, deliver approximately 0.03 grams of psychotropic drugs, to E without compensation.

2. Although the Defendant is not a narcotics handler, on August 2014, around 22:00, the Defendant injected approximately 0.1g of philopon into a single-use injection machine near the bus stops located in F in Busan-gun, 1008, and then injected narcotics into the spopon pipe.

3. Although the Defendant is not a narcotics handler, around August 28, 2014, around 23:00, the Defendant injected approximately 0.1g of phiphonephones in front of the Gamin-gun G in Busan and around August 28, 2014, and administered narcotics in the same manner as paragraph 2.

4. Even if the Defendant is not a narcotics handler, on August 29, 2014, around 10:50, the Defendant possessed narcotics, etc., by inserting 1.16g opphones in the JKan vehicle in the I parking lot located in the Geum-gu Busan, Geum-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused (including the E-statement);

1. Each prosecutor's statement concerning E;

1. Police seizure records;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Data on replies to requests for cooperation in investigation and on telephone conversations;

1. A copy of the telephone number;

1. Photographs, etc.;

1. A report on investigation (report, etc. on photographing phiphones discovered from a vehicle);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the previous record of disposition, report on results of confirmation, and inquiry into details of guard records);

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. The Criminal Act for aggravated repeated crimes.

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