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(영문) 부산지방법원 2016.12.27 2016고단6963
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 or 2 shall be confiscated.

400,000 won from the defendant.

Reasons

Punishment of the crime

On December 17, 2015, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on December 17, 2015, and on October 27, 2016, the same criminal records are added to 11 times in addition to the completion of the execution of the sentence in the Busan

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

1. At around 09:30 on November 5, 2016, the Defendant: (a) injected a philopon by inserting approximately 0.05g of psychotropic drugs in a single-use injection machine; (b) Meloponing them into a single-use injection machine; and (c) administering a philopon in the same manner consecutively; and (d) administering them once more in the same manner.

2. At around 12:00 on November 5, 2016, the Defendant administered phiphones by inserting approximately 0.05g of phiphones into a single-use injection machine, dilution them into a single-use injection machine, and administering phiphones by inserting them into arms, and consecutively administering them by the same method.

3. On November 5, 2016, the Defendant: (a) around 19:00, posted approximately 0.72 g of philopon in the 201 room located in Busan YY E; and (b) possessed philopon by inserting approximately 0.72g of philopon in the Defendant’s bank.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Written defense appraisal and a narcotics appraisal report;

1. 112 reported case lists and photographs; and

1. Seizure records;

1. Previous records of a report on investigation (additional collection): The application of Acts and subordinate statutes concerning criminal records and investigation reports (remony of the period of repeated offense);

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. 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 Management of Confiscated Narcotics, Etc. and Article 48 (1) of the Criminal Act;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for collection (the scope of recommending punishment), medication, simple possession, etc.;

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