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(영문) 부산지방법원 2014.12.11 2014고단8707
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 3 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

On October 25, 2013, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on October 25, 2013, and the judgment became final and conclusive on January 25, 2014 and is still under suspended execution.

Notwithstanding that the Defendant is not a person handling narcotics:

1. On October 21, 2014, approximately 0.08 grams out of approximately 0.2g 0.08 grams, psychotropic drugs obtained from E in Geum-gu, Busan (hereinafter “D” 302, hereinafter referred to as “diphone”) in a single-use injection machine, in which water and water are mixed, administers them in a way of injection into the flaps of their own left arms, after mixing them with water;

2. On October 22, 2014, around 18:20, at the center of the Busan District Police Agency, the office located in the Busan District Police Agency had approximately 0.06g of philophonephones, which were administered one-time, and carried them in a way that they had a separate lux in the panty they worn.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

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

1. Photographs (the screen, etc. of a list of mobile phones);

1. Investigation report (the result, etc. of photographs of urinals, simple reagents test photographs);

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (the discovery of facts during the period of suspension of execution of sentence and current status of personal identification);

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 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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won at the market price for one-time medication) is suspended even though the defendant was sentenced to a suspended sentence for the same crime.

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