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(영문) 부산지방법원 2013.11.28 2013고단6714
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

On August 18, 2011, the Defendant was sentenced to one year and two months for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on August 18, 201, and was on May 30, 201, and was not a narcotics handler.

On September 29, 2013, at around 00:30 on September 29, 2013, the Defendant injected approximately 0.08g of psychotropic drugs in the DPC room located in the Dong-gu Busan Metropolitan City, for a single-use injection machine, and injected them into the bloodline after being melted with water.

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. A criminal investigation report (the attachment, etc. of photographs of injections);

1. Reporting internal investigation (a warrant of seizure, search for inspection and application for permission for confirmation of communications, etc.);

1. Previous convictions in judgment: Application of criminal records and investigation reports (the confirmation report on the date of release and personal identification records);

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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won or more at the time of sale) is that the defendant was sentenced to imprisonment for the same kind of crime and for two months, and again committed the crime of this case repeatedly during the period of the repeated offense, etc., which are disadvantageous to the defendant, shall be determined as per the disposition, comprehensively taking into account the factors favorable to the defendant, such as the factors for sentencing, and the fact that they

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