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(영문) 부산지방법원 2016.02.18 2015고단3278
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

No. 2219 of the Busan District Public Prosecutor's Office, seized, No. 2219 of 2015.

Reasons

Punishment of the crime

The Defendant was sentenced to two years of imprisonment for a violation of the Narcotics Control Act at the Changwon District Court on August 23, 2012, and on February 13, 2014, the Defendant was sentenced to eight times of punishment for the same kind of crime, including the completion of the execution of the sentence in the official prison on February 13, 2014.

[Criminal facts]

1. Even if the Defendant is not a narcotics handler, on April 21, 2015, at the Defendant’s house located in C at the time of macroscoping around 16:00, the Defendant provided D with approximately 0.03g of the Mescopty, which is a local mental medicine, to D without compensation, and received narcotics.

2. Although the Defendant is not a narcotics handler, on June 1, 2015, at the same place as indicated in paragraph 1, around 20:00, the Defendant injected approximately 0.03g opphones into a single-use injection machine, mixed them with water, and administered narcotics, etc. by injecting them into a dead-asp blood transfusion.

Although the Defendant was not a handler of narcotics, on August 22, 2014, the Defendant sold approximately two grams of the Mept Apopa (hereinafter referred to as “philopon”), which is a local mental medicine, to G, and sold narcotics to G for about 600,000 won.

Summary of Evidence

"2015 Highest 3278"

1. Statement by the defendant in court;

1. A certified copy of each prosecutor's statement protocol with regard to D;

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

1. Seizure records;

1. Previous convictions: Inquiry into criminal history, personal identification and confinement status, and judgment of each court "2015 High Court Order 5661";

1. Each statement of witness G and H;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the whole part of the interrogation);

1. A certified copy of each prosecutor's examination protocol concerning G (in the case of the second-time examination protocol, including the H substitute part);

1. Application of the Acts and subordinate statutes to the prosecution's statement protocol concerning G;

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. 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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Collection;

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