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(영문) 부산지방법원 2016.04.26 2016고단1236
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 4, 2014, the Defendant was sentenced to one year for a crime of violation of the Narcotics Control Act at the Busan District Court on September 4, 2014, and on June 26, 2015, in addition to the completion of the execution of the sentence at the port prison on June 26, 2015, the same criminal records are more than four times.

Criminal facts

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

1. On March 15, 2016, at around 03:00, the Defendant administered chophones by dilution approximately 0.05g of Mesophical drugs (one philopon; hereinafter “philopon”) with water at the Defendant’s residence located in Kim Jong-si, Kim Jong-si, and then administering chophones by means of injection with the Defendant’s arms inchosomes using a single-use injection device.

2. On March 15, 2016, at around 15:20, the Defendant possessed a phiphone by keeping approximately 0.12 gramopon contained in the part of the Defendant’s dwelling in the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigative report (the photographic of a body administered, the precision appraisal of a minor, and the picture of a text message as a result of appraisal of white shot elements);

1. Seizure records;

1. Previous criminal records on a criminal investigation report (related to collection): The inquiry of criminal records, the number and confinement status of each individual, and the application of Acts and subordinate statutes of a report on criminal investigation (the date of release);

1. Selection of a punishment for a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, or selection of a punishment for a crime under Article 60 (1) 3 (b);

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] Medicationing and simple possession, etc. of the three types (one year to three years) of the aggravated area (one year to three years) [the person subject to special aggravated punishment] / the decision subject to suspended execution for not more than three years] / the defendant's previous criminal records (the decision subject to suspended execution for not more than three years] / The fact that there are many criminal records of the same kind.

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