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(영문) 부산지방법원 2014.02.07 2013고단8573
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 to 16 shall be confiscated.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On November 18, 2013, the Defendant possessed approximately 150.31g of psychotropic drugs, which are psychotropic drugs, written by inserting approximately 150.31g, in a paper, in a shopping bag in the middle-gu Busan Central Bank, Jung-gu, Busan. 15 to 15 plastic bags located in the middle-gu Busan Bank, Jung-gu, Busan.

2. At around 12:00 on November 19, 2013, the Defendant possessed a 10.09g philopon, which is contained in the Defendant’s house-to-be Eined 105 of Busan Jung-gu, Busan, by inserting approximately 10.09g of plasticphones in the front straw of the Defendant’s house-to-house.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Notification of the results of appraisal of narcotics, etc. and written appraisal;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of photographs on the arrest site, the additional seizure of phiphonephones, the attachment of photographs submitted voluntarily by a concealed phiphones, the attachment of photographs on the presumption of philophones, the attachment of photographs on the white color color pictures, the weight measurement of philophones, and the verification of the results of appraisal of narcotics and ur

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. is that even though the defendant was sentenced to not guilty in 2007 but was tried due to the crime related to philophones, he again committed each of the crimes of this case even though he was able to fully recognize the risk of philophones, and that the amount of philophones in possession and the amount of 160gs in the process of actively selling it was found to have been committed, and that the crime was discovered in the course of actively selling it was not clearly disclosed, it is inevitable to sentence a sentence of punishment.

However, the defendant was punished for committing the same kind of crime.

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