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(영문) 부산지방법원 2014.09.18 2014고단6274
마약류관리에관한법률위반(향정)
Text

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

The evidence seized shall be forfeited from the criminal defendant.

Reasons

Punishment of the crime

On June 21, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on June 21, 2012 and completed the execution of the sentence on July 5, 2013.

1. Although the Defendant is not a narcotics handler, on October 2013, at the Defendant’s house located in the Defendant’s house located in the Busan Yandong C building 403, the Defendant discovered one disposable injection machine containing approximately 0.03g of psychotropic drugs (hereinafter “clophone”) and carried a psychotropic drug.

2. Even if the Defendant is not a narcotics handler, around June 23, 2014, around 23:00, the Defendant administered narcotics, etc. using approximately 0.05g phiphonephones to a coffee.

3. Although the Defendant is not a narcotics handler, on July 24, 2014, the Defendant administered narcotics, etc. in the same manner as indicated in paragraph (2), at the same time as indicated in paragraph (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Photographs, etc.;

1. Investigation report (the notification, etc. of an excursion ship as a result of maternity appraisal);

1. Reports on internal investigation (attaching photographs of seized articles);

1. Previous records: Application of criminal records, investigation reports (date of release and attachment of a copy of judgment) and statutes;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

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 Control of Narcotics;

1. The defendant was sentenced to punishment for the same kind of crime even though he was sentenced to punishment for the punishment under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on the market price of 100,000 won for a single-time medication on the market) and the defendant repeatedly committed the crime in this case during the period of repeated crime.

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