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(영문) 부산지방법원 2015.09.25 2015고단5276
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On June 11, 2015, the Defendant was under the appellate trial by filing an appeal after having been sentenced to two years of suspended execution for the violation of the Act on the Control of Narcotics, Etc. in the Daegu District Court on October, 2015.

1. On August 15, 2015, around 18:00, the Defendant: (a) stored approximately 0.03g of DNA conference 203 in Busan Jin-gu C; (b) collected approximately 0.03g of psychotropic drugs in a single-use injection machine; and (c) injected narcotics into the left bloodline and administered them.

2. Even if the Defendant is not a narcotics handler, on August 15, 2015, the Defendant possessed narcotics by setting approximately 0.25g opphones on the table at the same place as indicated in paragraph (1) around August 15, 2015.

Summary of Evidence

1. Defendant's legal statement;

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

1. Response to requests for appraisal and additional replys; and

1. Records of each seizure and photographs of Medications;

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The sentence of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. shall be sentenced to imprisonment with prison labor for the accused in light of the following: (a) the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), medication, simple possession, etc.; and (b) the basic area (10 to 2 years) (10 to 2 years) of the Act on the Control of Narcotics, Etc. (the special area of punishment)

However, all circumstances, such as the fact that the defendant misleads the defendant, the background of the arrest of the defendant, the age of the defendant, and the background of the crime, shall be considered.

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