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(영문) 부산지방법원 2014.05.15 2014고단2099

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

On February 15, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court on February 15, 2013 and completed the execution of the sentence in Busan Correctional Institution on December 17, 2013.

Defendant is not a narcotics handler.

1. On March 10, 2014, around 11:00, the Defendant received disposable injection equipment, including approximately 0.03 grams of psychotropic drugs, from E, Meteptopian (one philopon; hereinafter “philopon”).

2. The Defendant, at the same place, injected the foregoing philophones and raw water, and injected them into his sprinkes by using a disposable injection device.

Accordingly, even if the defendant is not a person handling narcotics, he received and administered psychotropic drugs.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

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 (the attachment, etc. of a video CD made by the accused);

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

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;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won at the market price of one-time medication on the market) is that the Defendant again committed the instant crime during the period of repeated crime even though he was sentenced to several times of punishment for the same crime. In addition, taking into account all the circumstances, such as the background, means, and method that the Defendant caused the instant crime.