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(영문) 부산지방법원 2018.03.08 2018고단78
마약류관리에관한법률위반(향정)등
Text

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

Seized evidence1 through 3 shall be confiscated from the accused.

Reasons

Punishment of the crime

On September 29, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Busan District Court on September 29, 2016 and completed the execution of the sentence on June 2, 2017.

1. The Defendant, in violation of the Narcotics Control Act, treated narcotics as follows, even though he is not a narcotics handler.

A. On December 21, 2017, at around 23:00, the Defendant injected approximately 0.03 grams in a single-use injection machine, which is a local mental medicine, on the alleyway in Busan-gu Busan-gu, Busan-do, and was administered in a way of injection with water, after inserting approximately 0.03 grams into a single-use injection machine.

B. On December 22, 2017, at around 09:10, the Defendant possessed a phiphone in a way of keeping a one-time injection device containing approximately 0.13g of philophones in the E District Office located in Busan City-gu. D.

2. The Defendant was obscenity on December 22, 2017 at the direction of Busan, Busan, on December 22, 2017.

G and H make off booms and take out the sexual flag out of the place;

In other words, 5 minutes of self-defense, such as scams, were openly obscene acts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to H and G;

1. Each photograph;

1. Police seizure records;

1. Investigation report (including evidence attached thereto, each time of 18-21, each time);

1. Previous convictions as indicated in the judgment: Inquiry about criminal history, investigation report (15) and personal accommodation status, and application of Acts and subordinate statutes (17 times a net time);

1. Relevant law and the choice of punishment for a crime - Articles 60(1)2 and 4(1)1 and 2 subparag. 3(b) of the Narcotics Control Act - Article 245 of the Criminal Act;

1. Selection of each sentence 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. The proviso of Article 67 of the Act on the Management of Narcotics, Etc. for Additional Collection (Judgment);

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