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(영문) 부산지방법원 2014.11.13 2014고단6245
마약류관리에관한법률위반(향정)
Text

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

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

Notwithstanding that the Defendant is not a person handling narcotics:

1. On July 8, 2014, around 11:00, “D” 801 located in Seo-gu Busan, Seo-gu, Busan, administered water and dilution with water of the psychotropic psychotropic drugs acquired by the process of dyphographs (one philopon; hereinafter “philopon”), and administered them by means of injecting them to their sphographs using a disposable injection device;

2. At the same time, at a place as referred to in the preceding paragraph, dilution of philophones into two for a single-use (0.2 ml, respectively), in which they were contained, and possessed in a manner of hiding under the risk in which they were located.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

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. Photographs, etc.;

1. Application of Acts and subordinate statutes to investigation reports (prestigious appraisal reports, 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 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 Act on the Control of Narcotics;

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) is that the Defendant again committed the instant crime even though he was sentenced to several times of punishment for the same kind of crime. In addition, considering the circumstances such as the background, means, method, and recovery of the instant crime, the Defendant is determined as above.

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