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(영문) 부산지방법원 2013.05.31 2013고단2451

마약류관리에관한법률위반(향정)

Text

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

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 14, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on April 14, 201, and on June 5, 2012, and is not a narcotics handler.

1. Around 02:00 on January 22, 2013, the Defendant inserted approximately 0.03 g of psychotropic drugs in a single-use injection machine, and injected them into the psychotropic drugs and injected them into the d restaurant toilet located in Busan Seo-gu, Busan, with water.

2. At around 16:00 on February 12, 2013, the Defendant purchased and sold a disposable injection device containing approximately 0.06 g of philopon from G in the rocketing car in the vicinity of the F Hospital located in the Busan Sho-gu, Busan, with the amount of KRW 200,000 from G.

3. On April 3, 2013, around 18:00, the Defendant administered approximately 0.03g of scopon in a copon to a coffee, where the trade name in Busan J cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning G;

1. Notification of the results of appraisal of narcotics and a request for appraisal;

1. Each investigation report (the details of currency attached, the result of the lawsuit filed and the calculation of an additional collection charge);

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

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. Article 35 of the Criminal Act among repeated crimes;

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

1. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;