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(영문) 부산지방법원 2014.09.18 2013고단6756

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 30, 2010, the Defendant sentenced the Gwangju District Court to four months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and terminated the term of imprisonment on December 31, 2010.

Defendant is not a narcotics handler.

On January 2013, the Defendant: (a) inserted approximately 0.075g of psychotropic drugs-related psychotropic drugs-related psychotropic drugs-related psychotropic drugs-related knives in a single-use injection machine; (b) injected them with water; and (c) injected them into the flives.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Copy of each protocol of suspect examination of the police against C;

1. Each police statement made to D or C;

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

1. Notification of the status of persons who coincide with the results of comparison of DDA prepared by the Chief of the Supreme Prosecutors' Office;

1. Investigation report (specific philophone sales books, etc.);

1. Previous convictions: Criminal records, investigation reports (verification of facts of release and copies of written rulings) and the application of Acts and subordinate statutes;

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. It is so decided as per Disposition by comprehensively taking into account the factors favorable to the Defendant, such as the sentencing factors disadvantageous to the Defendant, and the fact that the Defendant again committed the instant crime during the period of repeated crime, even after having been sentenced to the punishment for the same crime under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won for a single medication on the market on the market).