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(영문) 부산지방법원 2015.01.16 2014고단8170
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 2 through 5 shall be confiscated.

50,000 won from the defendant.

Reasons

Punishment of the crime

On April 5, 2012, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Daegu District Court on April 5, 2012 and completed the execution of the sentence on June 5, 2013.

1. On August 17, 2014, around 18:00, the Defendant sold approximately 1.36 grams of psychotropic drugs to C, a psychotropic drug, at a mutually influorial restaurant near the watch station located in the Siluri-dong of Busan, and sold narcotics to C at least 300,000 won.

2. On October 3, 2014, around 09:00, the Defendant, at the Defendant’s house located in Doha-gu, Busan, 121 dong 1805, 0.03 grams, 0.03 gramphonephones were put in a single-use injection machine, and was injected to the left bloodline, and then injected narcotics.

3. Although the Defendant is not a narcotics handler, on October 3, 2014, the Defendant administered approximately 0.03 grams of opphones in the same manner as paragraph (2) at the same place as in paragraph (2).

4. Although the Defendant is not a narcotics handler, on October 6, 2014, around 11:30, the Defendant kept one plastic bag containing approximately 0.03g phiphones in a house and possessed narcotics.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution against C;

1. Records of seizure and the list of seizure;

1. A report on the results of appraisal, and an additional report on a request for appraisal;

1. Investigation report (related to calculation of additional collection charges) and monthly trend data on narcotics;

1. Previous records: Criminal records, previous records and results of confirmation, each judgment, and application of the protocol of examination of a suspect by the prosecution against the accused;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc.

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