logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.02.13 2014고단7104
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 or 2 shall be confiscated.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On August 16, 2012, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on August 16, 2012, and completed the execution of the sentence on August 23, 2012, and on September 13, 2013, the Defendant was sentenced to imprisonment with labor for the same crime at the same court on September 13, 2013, and completed the execution of the sentence on March 24,

Notwithstanding that the Defendant is not a person handling narcotics:

1. On August 14, 2014, around 02:00, approximately 0.03 grams 0.03g of psychotropic drugs, which are psychotropic drugs acquired from the 502 room located in Busan Northern-gu, Busan, by inserting them into a single-use injection machine, containing them into a single-use injection machine, and dilution with water, and then administering them in a way of injecting them into the spholet spons;

2. On August 14, 2014, around 14:20, approximately 12.46g of philopon, which was obtained in front of “G” restaurant located in F, Busan, was possessed by dividing approximately 12.46g of plasticphones into seven plastic paper and four disposable injection equipment, respectively, and carrying them in the hand room.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. Each appraisal report and each request for appraisal;

1. Investigation report (report on calculation of additional collection charges), and monthly trend of narcotics;

1. Previouss before and after judgments: Application of Acts and subordinate statutes on criminal records, replys to criminal records, judgments, and personal confinement status;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 Control of Narcotics;

1. The defendant for reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is not only a person who has been sentenced to four times of punishment for the same kind of crime, but also a person who is in the period of repeated crime for the same kind of crime.

arrow