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(영문) 부산지방법원 2015.07.24 2015고단1191

마약류관리에관한법률위반(향정)

Text

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

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 28, 2010, the Defendant was sentenced to two years of imprisonment for violation of the Act on the Control of Narcotics, Etc. in Busan District Court on September 28, 2010, and completed the execution of the sentence in the first prison of the North Korean Dos on July 28, 2012.

"2015 Highest 1191" accused is not a person handling narcotics.

1. On October 19, 2013, the Defendant injected approximately 0.03g of psychotropic drugs, psychotropic drugs, at a toilet located in the domicile of the Defendant, Seo-gu Busan Metropolitan City, Seo-gu, Busan Metropolitan City, with water, at approximately 0.03g of psychotropic drugs, and administered them by means of injection with the Defendant’s arms using a single-use injection device.

2. On February 23, 2015, at around 13:30 on February 23, 2015, the Defendant: (a) put in an Ecom 606 unit located in Nam-gu Busan Metropolitan City, for a single-use rophone program; (b) dilution with water; (c) administered part of the program by means of injection into the Defendant’s arms blood transfusion; and (d) possessed the remainder of approximately 0.2ml by means of storing it on the rotograph.

Although the Defendant is not a person handling narcotics, on February 22, 2014, the Defendant provided approximately 0.03 grams of psychotropic drugs to H on the Gmotour located in F in Busan Jin-gu, Busan, with approximately 0.03g of psychotropic drugs.

Summary of Evidence

[2015 Highest 1191]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each request for appraisal (No. 2, 3) shall be made on a net basis;

1. Notification of the results of each legal chemical appraisal and appraisal report;

1. Each protocol of seizure (2015 highest 3453);

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A copy of each protocol of suspect examination of H;

1. Before a previous conviction on a copy of investigation report (Attachment of text messages on mobile phones): The application of Acts and subordinate statutes concerning criminal records, personal identification, and current status of confinement;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation concurrent crimes;