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(영문) 부산지방법원 2015.12.10 2015고단5198
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1, 2, and 3 shall be confiscated from the accused.

Reasons

Punishment of the crime

[criminal power] On February 8, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on January 7, 2014, and on January 7, 2014, six times the same criminal records, such as the termination of the execution of the sentence in the Ansan Prison.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On August 10, 2015, the Defendant: (a) injected approximately 0.03 grams of psychotropic drugs on the floor C1st, Busan, the Defendant’s residence; and (b) administered philophones by means of infecting them with water using a single-use injection device; and (c) injected them with a single-use injection device.

2. On August 10, 2015, at around 16:20, the Defendant kept approximately 0.1g of philophones 0.11g, which was sealed on paper, in the hand room owned by the Defendant, and carried a philophones by dividing them into two for a one-time injection equipment at the inner book, and storing approximately 0.37g of philophones, which were contained therein.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Narcotics Control Act;

1. Additional collection of the Act on the Control of Narcotics, etc.: the aggravated area (one year to three years) of the first-class crime [the scope of recommendation] of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. and the suspended execution of the second-class crimes (one year to three years) of the aggravated area (one year to three years) of the aggravated area (one year to one year) of the Act on the Control of Narcotics, etc. [the scope of recommendation] of the same previous crimes (the suspended execution of not more than three years), medication, simple possession, etc. (one year to three years to one year) of the aggravated area (one year to three years),

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