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(영문) 부산지방법원 2016.12.15 2016고단5729
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

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

1. On September 19, 2016, the Defendant, at around 17:00, administered philophones by dilution approximately 0.03 grams of psychotropic drugs (one-name “propon”; hereinafter “propon”) with water, using a single-use injection device, and administered philophones by means of injecting them into the Defendant’s arms blood transfusion.

2. At around 19:10 on September 19, 2016, the Defendant kept approximately 0.77 gram-phones contained in the Defendant’s one-time injection machine within the Defendant’s own machine on the first floor parking lot, and at the same time kept approximately 0.7 gram-phones contained in the part of the Defendant’s vehicle storage box located in Busan Dong-gu, Busan Dong-gu, on a temporary basis.

Accordingly, the defendant possessed approximately 1.47 grams.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A report on investigation (a report on the prosecution and a report on the appraisal of seized articles);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the choice of punishment for the crime, respectively;

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 grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc.: Class 1 crime [the scope of recommendation] Medication, simple possession, etc., of the Act on the Control of Narcotics, etc., and Part 3 (1 to 3 years) / [the scope of recommendation / 1 to 3 years] the aggravated area (1 to 1 year (1 to 3 years) of the aggravated area (1 to 2) of the Act on the Control of Narcotics, etc. (1 to 3 years of probation) of the same criminal record (the scope of recommendation / the suspended execution within 3 years), medication, simple possession, etc.

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