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(영문) 부산지방법원 2018.07.20 2017고단6101
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized No. 2590 Certificate 1-1 shall be confiscated.

from the defendant.

Reasons

Punishment of the crime

On April 29, 2016, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics and a special intimidation in the appellate trial division of this court. Around that time, the said judgment became final and conclusive, and on June 16, 2016, the execution of the sentence was completed at the Busan detention center, and is not a narcotics handler.

[2017 Highest 6101. hereinafter “6101”) On April 2017, the Defendant, at the inn located in Busan Flux C (mutual insane), administered a phiphone by inserting approximately 0.05 g of the mecopic, a primary mental medicine, into a single-use injection machine, dilution with water, and administering a mecopic in a way of injection with the arms blood.

[2018 Highest 2590, hereinafter “2590”) around 02:00 on June 8, 2018, the Defendant, at the time of the Defendant’s residence (U.S. D. D. 18), put approximately 0.12 g of phiphone into a disposable injection machine, dilution with water, and administered them by means of injection with arms.

Summary of Evidence

1. Previous convictions in judgment: Inquiry about criminal history, results of search of prisoners, sentences of judgment and personal confinement status [6,101]

1. Statement by the defendant in court;

1. Protocols of seizure and a list of seizure, a written appraisal, a report on investigation (current 8) and a list of price of narcotics, etc. (2590);

1. Statement by the defendant in court;

1. Application of the legislation of sending the results of internal investigation report (time) (1), each photograph/cinematographic output, appraisal report, investigation report (24 times a year), DNA identity confirmation data search report, and NA identity confirmation data search;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by imprisonment)

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

1. The first crime for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations].

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