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(영문) 부산지방법원 2016.02.25 2016고단126
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

[criminal history] On October 17, 2014, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and on July 4, 2015, the Defendant was sentenced to 12 times of the same criminal record, including the termination of the execution of the sentence in the Ganpo Prison.

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On January 2, 2016, at around 04:00, the Defendant, at the residence of the Defendant located in the Busan Young-gu, Busan Young-do, dumped approximately 0.05 grams of Meptiles (one philopopopon; hereinafter “philopon”), a local mental medicine, with water, and administered philopon by means of injection to the Defendant’s arms blood transfusion using a disposable injection device.

2. On January 3, 2016, around 12:15, the Defendant possessed a penphone by storing approximately 2.82 gramopon, which was contained in the Defendant’s lower part of the Defendant’s lower part of the Busan Young-do Police Station E District, located in Busan Young-gu, Busan, by means of storing approximately 2.82 gramopon on the part of the Defendant’s lower part of the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure;

1. Correspondence with the result of a request for appraisal of seized articles;

1. Previous convictions: Inquiry about criminal history, personal identification and confinement status, and application of statutes of each judgment;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense (or 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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. For the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., a crime of Class 1 [the scope of recommendations] in the area of aggravation (one year to three years) in the area of aggravation (one year to three years), the area of aggravation (one year to three years) in the area of aggravation (the scope of recommendation), the area of aggravation (one year to three years), the area of suspension of execution within three years), the area of aggravation (one year to three years) in the area of aggravation (one year to three years) in the area of aggravation, the area of aggravation (one year to three years) in the area of aggravation (the person of special aggravation] in the area of punishment (the person of suspension of execution within three years and less) in the area of three years) and the area of aggravation.

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