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(영문) 부산지방법원 2015.10.08 2015고단5231
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 3 or 4 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

On August 29, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on August 29, 2013, and on December 20, 2013, the same criminal records are four times such as the termination of the execution of the sentence in the Busan Correctional Institution.

Criminal facts

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

1. On July 21, 2015, the Defendant, at a male toilet located in the Young-gu, Busan Metropolitan City C apartment building, injected approximately 0.1g of psychotropic drugs, psychotropic drugs with water, and administered philophones by means of injecting them into the Defendant’s arms in a single-use injection device.

2. At around 19:00 on July 28, 2015, the Defendant administered approximately 0.1g of philophones in the above toilets in the above manner.

3. At around 19:00 on August 4, 2015, the Defendant administered approximately 0.1g of philophones in the above toilets in the above manner.

4. On August 5, 2015, around 11:23, the Defendant possessed a phiphone by means of storing approximately 0.33 gramphones 0.33g of philophones, which are wraped on paper, in the sunlight of the DSS5 car running by the Defendant, parked in five (5) C apartment units, as indicated in the foregoing paragraph 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Response to the request for appraisal;

1. Previous convictions in judgment: Criminal records, current status of personal identification and confinement, and application of each statute of a judgment;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

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. A second-class crime 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., of 3 categories (1 to 3 years) of the aggravated area (1 to 1 years of imprisonment) of the Act on the Control of Narcotics, Etc. (1 to 3 years of suspended execution within 3 years).

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