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(영문) 부산지방법원 2015.04.09 2015고단331
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On May 24, 2012, the Defendant was sentenced to 10 months in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in Busan Detention Center on October 3, 2012.

【Criminal Facts】

Notwithstanding that the Defendant is not a person handling narcotics:

1. On January 4, 2015, approximately 0.03 grams 0.03g of psychotropic drugs, at the Defendant’s house located in Busan Jin-gu, Busan Metropolitan City, 103 Do 402, in a way that they are delivered to coffee by hanging them on a coffee;

2. At around 03:00 on January 5, 2015, a medication is made by inserting approximately 0.02 gramphones at the home of the above defendant into a disposable injection machine, dilution with water, and then inserting them into his/her arms he/she has injected after dilution with water;

3. On January 5, 2015, around 22:10 Handphones were mixed with water and possessed in a way that they are kept in the lower part of the clothes of the above Defendant’s house, in a single melting machine with water.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal;

1. Records of seizure and the list of seizure;

1. Previous convictions: Criminal records and investigation reports (verification of a suspect's repeated crime and attachment of recent judgments, etc. on narcotics cases);

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;

1. The crimes provided for in the proviso of Article 67 of the Act on the Control of Narcotics, etc. [the scope of a recommendation] 3 types of crimes [the scope of a recommendation] , medication, simple possession, etc. , 3 types of crimes (the scope of a recommendation , 8 (b) and (c)) 3 (the scope of a recommendation , 1 to 3 years) of the same criminal offense (the scope of a recommendation , 1 to 3 years), the aggravated area (1 to 3 years), the aggravated area (1 to 1 to 3 years) of the same criminal offense (the suspension of execution within 3 years), the aggravated area (1 to 1 to 3 years) of the same criminal offense (the scope of a recommendation , 3 years), medication, simple possession, etc.

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