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(영문) 부산지방법원 2016.02.05 2015고단8703
마약류관리에관한법률위반(향정)
Text

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

Seized evidence Nos. 1, 4, 5 and 6 shall be confiscated.

From the defendant, 100.

Reasons

Punishment of the crime

On July 26, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on one year and six months on September 16, 2013, and was punished for the same crime in Daejeon Prison on September 16, 2013 and was punished four times.

1. Although the Defendant is not a narcotics handler, on December 21, 2015, at D public toilets located in Busan, Seo-gu, Busan, about December 18, 2015, the Defendant is a Meblop (hereinafter “Mecopon”).

D.03g of approximately 0.03 grams were collected in a single-use injection machine and mixed with water, and administered narcotics, etc. after being injected to the left bloodline.

2. On December 21, 2015, the Defendant: (a) around 16:40 on December 21, 2015, placed ten plastic bags containing approximately 4.69g of philophonephones E, and one disposable injection instrument containing approximately 0.15 milliliterss, which is mixed with water and mixed with liquid dilutions containing approximately 0.15 milliliterss; and (b) carried narcotics.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of each legal chemical appraisal (contributed);

1. Medication photographs;

1. Seizure records;

1. Previous records on investigation reports (additional collection): Inquiries about criminal records and the application of Acts and subordinate statutes to inquire about criminal records;

1. Selection of a punishment for a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, or selection of a punishment for a crime under Article 60 (1) 3 (b);

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, Etc., and Article 48 (1) of the Criminal Act;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] Medicationing, simple possession, etc. of the types of three types (one year to three years) in the area of aggravation (one year to three years) [the person subject to special aggravated punishment] / the decision to suspend the execution within three years] of the same type of criminal records (the decision to suspend the execution within three years] / The defendant has the same criminal records four times, and the repeated crime is re-scheduled during that period.

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