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(영문) 부산지방법원 2014.11.13 2014고단8076
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

1. On May 16, 2014, around 22:00, the Defendant received approximately 0.03 g of psychotropic drugs from the 'D' singing room located in Busan Jin-gu C, Busan, with approximately 0.03 grams of psychotropic drugs, to E in the beer line.

2. Even if the Defendant is not a narcotics handler, around 07:00 on September 21, 2014, around 07:0, the Defendant injected approximately 0.03gopon into the Defendant’s house located in Busan Jin-gu, Busan, for a single-use injection machine, and mixs water, and administered narcotics, etc. by taking them into the left arms bloodline.

3. On September 22, 2014, the Defendant: (a) around 16:30 on September 22, 2014, included a number of 0.1g of philopon, which was divided into two for a disposable injection machine, in a machine, and carried a female drug.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Copy of each protocol of suspect suspect of the police against E;

1. Police seizure records;

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

1. Written statement of the prosecutor’s office of defense counsel;

1. Data on telephone details;

1. Photographs, etc.;

1. Application of Acts and subordinate statutes to investigative reports (such as attaching photographs of disposable divers and photographs);

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. 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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. (based on the standard of 100,000 won at the market price for delivery and medication of philophones on a board) is that the Defendant again committed the instant crime even though he had been sentenced to several punishments for the same kind of crime. In addition, considering all the circumstances such as the background, means, method, and frequency of the instant crime, the Defendant committed the instant crime, the decision is delivered as per Disposition.

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