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(영문) 부산지방법원 2015.08.20 2015고단3813
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The evidence 1 or 2 seized shall be confiscated from the accused.

Reasons

Punishment of the crime

On October 17, 2012, the Defendant was sentenced to two years of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Gwangju District Court in Gwangju District Court on February 26, 2014, and was punished for the same crime on five occasions on February 26, 2014.

Criminal facts

1. Around 20:00 on June 7, 2015, the Defendant, who is not a narcotics handler, asked E to seek for a psychotropic-related psychotropic drug camba (hereinafter “cambaphone”), with a cash of 2.50,000 won prior to the office of “D” located in the Busan Dong-gu, Busan. On the same day, the Defendant traded narcotics, etc. after receiving approximately 0.7 grams from E at the same place at around 2:00 on the same day.

2. Even if the Defendant is not a narcotics handler, he received approximately 0.05g of opphonephones from E, such as the date, time, and place as described in paragraph 1, and delivered approximately 0.05g of them to E without compensation, and received narcotics.

3. Even if the Defendant is not a narcotics handler, around 12:00 on June 14, 2015, at the Defendant’s house located in the Busan East-gu F, the Defendant injected approximately 0.05g opon-phones into a single-use injection machine, and mix them with water, and administered narcotics, etc. by taking them into the sprink.

4. Even if the Defendant is not a narcotics handler, on June 16, 2015, around 17:40, the Defendant possessed female narcotics, etc. by inserting approximately 0.43 gramphones, which were divided into two disposable injection equipment in front of the Busan Eastdong-gu G, Busan, and divided into two disposable injection equipment.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police interrogation protocol concerning E;

1. Police seizure records;

1. Notification of the results of each legal chemical appraisal;

1. Previous records: Application of criminal records and investigation reports (the date of release and reporting accompanied by a certified copy of the judgment);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

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

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

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