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(영문) 부산지방법원 2012.11.16 2012고단6947
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 22, 2009, the Defendant was sentenced to one year for a violation of the Act on the Control of Narcotics, etc. in Busan District Court’s branch branch, and completed the execution of the sentence on May 29, 2010, and was not a person handling narcotics.

1. On August 17, 2012, around 19:00, the Defendant granted approximately 0.03 g of psychotropic drugs, psychotropic drugs, to D free of charge, Metepopa (one philopopopon; hereinafter “philopon”).

2. On August 26, 2012, around 22:00, the Defendant put about approximately 0.03g of philopon from the Defendant’s home of Suwon-gu 101, to a single-use injection instrument, and clopon was administered in a way that copon was melted into the left part of blood transfusion.

3. On August 27, 2012, at around 20:40, the Defendant possessed a philophone by inserting approximately 1.16g of philophones in the front of the Frante-gu, Busan, on a two-yearly basis, in which the Defendant reported 1.16g of plasticphones on a plastic froat.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. Notification of the results of appraisal of narcotics (Aine-training, Nos. 1 and 2 - detection of each mert cancer) and written appraisal of narcotics;

1. Seizure records;

1. Investigation report (report on the market price of phiphonephones);

1. Previous convictions: References to criminal records, investigation reports (the date of release, confirmation of the date of release and attachment of judgment);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes (delivery of Handphones, medication and possession of them), and selection of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Narcotics Control Act;

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