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(영문) 부산지방법원 2016.02.04 2015고단6404
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal history] On August 30, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on one year and four months, and was sentenced to three months for an injury in the prison, the same court on July 18, 2014, and on October 31, 2014, nine times the criminal records of narcotics crimes, such as the termination of the execution of the sentence in the Southern Prison on nine occasions.

[Criminal facts] The Defendant is not a narcotics handler

From September 12, 2015 to September 21, 2015, the Defendant administered phiphones with the Defendant’s arms using a disposable injection device, etc., after dilutioning the Metepopic ambine (one philopopon; hereinafter “philopon”), which is a local mental medicine, into water at a spopic area below Busan.

Summary of Evidence

1. Seizure records;

1. Notification of the result of legal and chemical appraisal;

1. A report on reasons why personal information is not stated;

1. Details of integrated currencies, and details of call calls from new stations;

1. Written request for the provision of communication confirmation data;

1. The result of interview with the suspect before requesting the warrant;

1. A bill of indictment in C;

1. One telephone number of at least 10 telephone numbers, one copy of a request for total data ( prosecutor's office), and four copies of a notification of the results of the request;

1. Previous convictions in judgment: Inquiry about criminal history, application of the Acts and subordinate statutes concerning personal identification and confinement;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Determination on the assertion by the Defendant and his/her defense counsel under the proviso of Article 67 of the Act on the Management of Narcotics, Etc.

1. The purport of Article 254(4) of the Criminal Procedure Act that the facts charged are not specified is to limit the scope of the trial against the court, and to facilitate the exercise of the defense right by specifying the scope of the defense against the defendant, by specifying the time, place and method of the crime.

Therefore, in light of the nature of the indicted crime, facts constituting the cause of the prosecution are different.

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