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(영문) 창원지방법원 2015.07.14 2015고단592
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 2 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On August 9, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on August 9, 2012 and completed the enforcement of the said sentence on August 1, 2013.

The Defendant is not a person handling narcotics:

1. On March 16, 2015, approximately 0.03g of psychotropic drugs in the Defendant’s house located in Changwon-si U, Changwon-si (hereinafter “clopon”), are administered by inserting approximately 0.03gg of psychotropic drugs into a single-use injection machine, melting them into tap water, and injecting them into the upper arms following the injection;

2. On March 17, 2015, around 09:30, at the place of the foregoing paragraph 1, a disposable injection machine containing approximately 0.13 g of phiphones was carried with them under the brupt.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police concerning V;

1. Each protocol of seizure;

1. Responses to the request for appraisal (defensive-training), written appraisal (Ⅰ), replys to the request for appraisal (refensive objects-training), and written appraisal (Ⅱ);

1. A investigation report (survey of the market price of the Mept Apam and calculation of additional collection charges) and monthly trends of narcotics, etc. on January 2015;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., investigation reports (verification of the date of the final release from office), and personal identification records;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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 of the Act on the Control of Narcotics, etc.: the aggravated area (one year to three years) of the first-class crime [the scope of recommendation] of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. and the suspended execution of the second-class crimes (one year to three years) of the aggravated area (one year to three years) of the aggravated area (one year to one year) of the Act on the Control of Narcotics, etc. [the scope of recommendation] of the same previous crimes (the suspended execution of not more than three years), medication, simple possession, etc. (one year to three years to one year) of the aggravated area (one year to three years),

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