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(영문) 부산지방법원 2014.06.12 2014고단2780
마약류관리에관한법률위반(향정)
Text

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

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

On October 14, 2010, the Defendant sentenced the Changwon District Court to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) and completed the execution of the sentence in the Changwon Prison on April 12, 2012.

1. Around 15:00 on March 27, 2014, the Defendant, who was not a person handling narcotics, injected approximately 0.03g of psychotropic drugs with water and divers of Mephocos (one philophone; hereinafter referred to as “philophone”) at the 304th room located in Changwon-si, Changwon-si, Changwon-si, Inc., and administered them by using a disposable injection device.

2. While the Defendant is not a person handling narcotics, the Defendant: (a) around 14:00 on April 1, 2014, the Defendant: (b) held, in a way that he/she contains approximately 0.34 grams in his/her official parking lot, a disposable injection machine containing approximately 0.31g of phiphones; (c) a disposable injection machine containing approximately 0.24g of phiphones; (d) a disposable injection machine containing approximately 0.24g of phiphones; (e) a vinyl paper containing approximately 2.91g of phiphones; and (e) a vinyl paper containing approximately 1.10g of phiphones; and (e) a vinyl paper containing approximately 4.9g of 1.10g of phiphones in his/her color bags and carried them in a way that he/she has kept in his/her hand in his/her color bags.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

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

1. Photographs, etc.;

1. Investigation report (at the site of seizure, etc.);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (the attachment of criminal records and criminal investigation reports and current status of personal identification);

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, etc.;

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