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(영문) 부산지방법원 2016.06.02 2015고단8396
마약류관리에관한법률위반(향정)
Text

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

Seized evidence1 through 6 shall be confiscated from the accused.

Reasons

Punishment of the crime

[criminal history] On July 26, 2011, the Defendant was sentenced to two years and six months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on September 21, 201, and completed the execution of the sentence in the Chuncheon Prison on September 21, 2014, and was punished eight times for the same crime.

[Criminal facts]

1. Even if the Defendant is not a narcotics handler, the Defendant is at the Felur guest room located in Busan Southern-gu, Busan-gu around December 2015, 2015, and the mephone, a local mental medicine, (hereinafter “philphone”).

approximately 0.07gg was put in a disposable injection machine and mixed with water, and then administered narcotics, etc. after being injected to the left bloodline.

2. Although the Defendant is not a narcotics handler, on December 7, 2015, the Defendant injected approximately 0.07 grams of philopon at the same place as indicated in paragraph (1) around December 21, 2015, and administered narcotics, etc.

3. Even if the Defendant is not a narcotics handler, on December 10, 2015, around 09:45, the Defendant possessed narcotics, etc. by inserting approximately 1.78ggs in the Ibenz car parked on the first floor of H located in Busan BG G, which was located on the first floor of the Busan BG, by inserting approximately three vinyl paper and two disposable injection equipment.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. The pictures of text messages as a result of the precision appraisal of the riverine;

1. Correspondence messages verifying seized articles;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiries about criminal history, text of judgment, and identification;

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by 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. Crimes No. 1 of the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] of the category 3 (1 to 3 years), the subject of aggravation (1 to 3 years), the subject of aggravation (a person with a special aggravated punishment] of the same class (a person with a suspended sentence for not more than 3 years), and crimes No. 2 of the same class (a person with a suspended sentence for not more than 3 years) [the scope of recommendations].

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