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(영문) 부산지방법원 2015.07.23 2015고단3434
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 3, 4, and 5 shall be confiscated from the accused.

Reasons

Punishment of the crime

On May 21, 2013, the Defendant was sentenced to ten months of imprisonment for a violation of the Act on the Control of Narcotics, etc. in Busan District Court’s branch branch, and on January 10, 2014, the Defendant was four times of the same criminal records, such as the termination of the execution of the sentence in the Busan Correctional Institution.

Criminal facts

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

1. On May 30, 2015, the Defendant, at around 22:00, injected approximately 0.05g of psychotropic drugs in the mutual incompet lines near the Songdong-dong Busan Metropolitan Transportation Daegu, by means of dilution with psychotropic drugs with water, using a single-use injection device, and administered them to the Defendant’s blood transfusion.

2. At around 01:00 on June 12, 2015, the Defendant administered approximately 0.05 grams from the toilet located in Busan-gun, Busan-gun, which is the Defendant’s residence, in the foregoing manner.

3. At around June 12, 2015, the Defendant administered approximately 0.05 grams in a toilet for the above Defendant’s residence in the foregoing manner.

4. On June 12, 2015, the Defendant possessed phiphonephones by storing approximately 0.04g of phiphonephones contained in the part of the Defendant’s shop at the Busan District Police Agency Office located in 999, as the center of Busan District Police Agency, in the middle of the 10:40,015.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Notification of each appraisal result;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (applicable mutatis mutandis to personal records and investigation reports);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

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

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

1. Medication, simple possession, etc. of the first crime for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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