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(영문) 부산지방법원 2013.09.13 2013고단3813

마약류관리에관한법률위반(향정)

Text

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

Seized evidence 1 or 2 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On June 22, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court on June 2, 2012 and completed the execution of the sentence in the previous prison on December 16, 2012.

The defendant is not a person handling narcotics.

1. Around 06:00 on June 25, 2013, the Defendant: (a) inserted approximately 0.03g of psychotropic drugs in a single-use injection machine; and (b) administered them in a way that the Defendant injected them into the bloodline after melting them into the water in a single-use injection machine; and (c) administered them.

2. On June 25, 2013, around 18:15, the Defendant: (a) put approximately 4.05g of the opononon in a letter-based bag around the first floor of the elevator in the Chang-si, Chang-si; and (b) kept it in the back part of the back part of the elevator.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Notice of the results of appraisal of narcotics, and each report on request for appraisal;

1. Each investigation report (Nos. 9, 10, 12, and 25 in the evidence list);

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 of Article 67 or more of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;