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(영문) 부산지방법원 2016.09.08 2016고단1619
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On September 27, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on September 27, 2012, and on September 9, 2013, in addition to the completion of the enforcement of the sentence, the same kind of power is added

【Criminal Facts】

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

1. On March 30, 2016, at around 14:00, the Defendant administered narcotics, etc. by inserting approximately 0.05g of psychotropic drugs, in the instant case where the Defendant was located in Busan Jin-gu, Busan, and in the process of melting them by inserting approximately 0.05g of psychotropic drugs, in the instant case.

2. On April 2, 2016, at around 07:55, the Defendant possessed narcotics, etc. by putting a vinyl boom, which contained 4.72g philophones, in a scopon diveed lower part.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Responses to requests for appraisal, and additional responses to requests for appraisal;

1. A report on investigation (calculated additional charges);

1. Previous offense: Application of Acts and subordinate statutes to criminal records, investigation reports (date of release and confirmation of repeated offense);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and selection of imprisonment with labor for an offense under the relevant Act;

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 for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc.: Class 1 crime [the scope of recommendations] / 1 to 4 years / 3 (the decision of sentence / the decision of sentence / the decision of sentence / 1 to 4 years / the same period / the same period / 1 to 3 years / 3 years / the scope of recommendation ] the aggravated area (1 to 1 year / 3 years / the special person) of the aggravated area (1 to 1 year / 3 years / the suspended execution) of the same criminal for the same kind of crime (not more than 3 years / the suspended execution).

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