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(영문) 부산지방법원 2014.08.14 2014고단3617

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 20:00 on April 17, 2014, the Defendant: (a) stored approximately 0.05g of psychotropic drugs in a single-use injection machine; (b) injected narcotics into a left-of-hand surgery; and (c) mixed them with water in a single-use injection machine; and (d) injected narcotics into a left-hand surgery.

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. Data on telephone details;

1. Photographs;

1. The application of Acts and subordinate statutes to investigation reports (or medication records, etc.);

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. 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 for one-time medication) is that the Defendant committed the instant crime again despite the fact that he had been sentenced to a suspended sentence for the same kind of crime, and thus, committed the instant crime, taking into comprehensive account the factors favorable to the Defendant, such as the sentencing factors that are disadvantageous to the Defendant, and the fact that he committed the instant crime only once