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(영문) 부산지방법원 2019.10.10 2019고단2801
마약류관리에관한법률위반(향정)
Text

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

The seized evidence Nos. 1 and 2 of the District Prosecutors' Office (No. 2179 of July 17, 2019).

Reasons

Punishment of the crime

On October 19, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on October 19, 2017 and completed the execution of the sentence on October 13, 2018.

Criminal facts

In spite of the fact that the Defendant is not a person handling narcotics, around 14:00 on June 13, 2019, around 14:00, the Defendant: (a) placed approximately 0.03g of psychotropic drugs in the single-use B apartment C in Busan, Jin-gu, Busan; (b) injected them with water; and (c) dilution them with water; and (d) administered them in a way of injecting them into the blood transfusion.

Although the Defendant was not a person handling narcotics, at around 15:30 on July 4, 2019, the Defendant possessed a psychotropic drug, which is a psychotropic drug contained in vinyl B apartment C, located in the G apartment in Busan, Jin-gu, Busan, and held in the method of keeping approximately 2.28ggg of psychotropic drugs (tentatively referred to as “slophonephone”) in the cambane, which are located in vinyl C.

Summary of Evidence

"2019 Highest 2801"

1. Defendant's legal statement;

1. Investigation report (limited to attachment of photographs on the body of a suspect), photographs;

1. Request for appraisal and a written appraisal of narcotics, and a written appraisal of narcotics (i.e., hair-training);

1. Defendant's legal statement;

1. Records of seizure, list of seizure, report on investigation (report accompanied by a photograph of the seizure process), and photograph of phiphones of the seizure process;

1. The report on the results of appraisal and the written appraisal "before the market";

1. Criminal records, investigation reports (verification of repeated crimes and attachment of a certified copy of the same criminal judgment) and application of Acts and subordinate statutes concerning personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with Labor) concerning the facts constituting an offense;

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 Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 1.

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