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(영문) 부산지방법원 2013.03.22 2012고단7573

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

The defendant has weak ability to make decisions due to depression, difficulty in water surface, etc.

1. At around 10:00 on September 4, 2012, the Defendant administered chophones by inserting approximately 0.03 g of psychotropic drugs into a single-use chophone and inserting them into the right arms by mixing them with water in the EKafa car parked near the D bank located in Busan Sho-gu, Busan.

2. At around 02:00 on September 10, 2012, the Defendant possessed a phiphone by inserting a vinyl paper containing approximately 0.23 g of philopon in the vicinity of G Hospital located in the Seo-gu Busan, Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Notification of a request for appraisal and the result of a mental appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (the results of an appraisal by the National Science Investigation Institute and an additional collection charge);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts, and the choice of imprisonment, respectively;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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;