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(영문) 부산지방법원 2014.02.13 2014고단199
마약류관리에관한법률위반(향정)
Text

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

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

On February 23, 2012, the Defendant was sentenced to one year and two months for the violation of the Narcotics Control Act, etc. by Busan District Court on February 23, 2012, and completed the execution of the sentence in the Southern Prison on February 12, 2013.

Defendant is not a narcotics handler.

1. At around 17:00 on December 19, 2013, the Defendant injected approximately 0.03g of psychotropic drugs, in a toilet at the funeral of D Hospital Hospital C located in Busan City, by inserting approximately 0.03g of psychotropic drugs, in a single-use injection instrument, and dilution with aquatic water, and then administering them in a way of injection into the left-of-use blood transfusion.

2. On December 20, 2013, around 08:50, the Defendant carried approximately 8.61g phiphonephones within the F District located in Busan Jin-gu, Busan, by dividing them into two transparent plastic bags ( approximately 4.41g, approximately 3.58g, each of which is about 0.62g), and in one white paper ( approximately 0.62g).

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. The photograph of the relevant article;

1. A criminal investigation report (the attachment of photographs of a injection State or a motion picture, the result of a minor close appraisal, etc.);

1. Previous records: Application of criminal records, investigation reports (related to the date of release and attachment of judgment) and statutes;

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 Narcotics Control Act;

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 of philopon) is that the Defendant was sentenced to criminal punishment for the same kind of crime, but again committed the instant crime during the period of repeated crime. The philopon in possession of the Defendant at the time of the instant crime reaches a considerable amount, and the Defendant committed the instant crime.

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