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(영문) 부산지방법원 2014.11.06 2014고단7969
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 3 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

On July 19, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on July 19, 2012 and completed the execution of the sentence in the Busan Correctional Institution on May 17, 2013.

Notwithstanding that the Defendant is not a person handling narcotics:

1. On September 1, 2014, around 19:00, in a non-motor vehicle parked at the parking lot of the Masptopian (hereinafter referred to as the “sponopon”) located in the Busan Seo-dong, Busan, by inserting approximately 0.05gg of psychotropic drugs in a single-use injection machine, in water and dilution, and administering them by means of injection into the blood bars of his/her selling arms;

2. On September 17, 2014, around 02:00, the Plaintiff parked in the vicinity of the “Packing tea” located in the Busan metropolitan Daegu metropolitan area, and administered a 0.05g gramopon in a car by inserting it into a one-time injection machine, dilution with water, and then administering it into the blood pipe of his left arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol against the accused;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Written statement of the prosecutor’s office of defense counsel;

1. Photographs (or medication, etc.);

1. Investigation report (emergency arrest background, etc.);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the attachment of written judgments and confirmation of the date of release);

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 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. (based on the market price of 100,000 won for a one-time medication) was sentenced to punishment for the same crime, and the defendant again committed the crime of this case during the period of repeated crime. In addition, the background, means, and means leading to the crime of this case.

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