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(영문) 부산지방법원 2015.10.22 2015고단3400
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On February 10, 2012, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on February 10, 201, and was sentenced to four times of criminal records in the previous prison on December 19, 2012.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On March 1, 2014, the Defendant injected approximately 0.03g of psychotropic drugs, psychotropic drugs, at E hotel located in Yangnam-do, Yangyang-si, Yangyang-do, into water, and injected them into the Defendant’s selling blood line using a single-use injection device, and injected approximately 0.03g of opon into F’s selling blood line using the same method.

Accordingly, the Defendant conspiredd with F to administer philophones.

2. On May 23, 2014, the Defendant injected approximately 0.03 grams from the said E hotel to the F’s arms blood transfusion in a way described above, and administered phiphones.

Accordingly, the Defendant conspiredd with F to administer philophones.

3. On June 2, 2014, the Defendant injected approximately 0.03 grams from the said E hotel to the F’s arms blood transfusion in a way described above, and administered phiphones.

Accordingly, the Defendant conspiredd with F to administer philophones.

Summary of Evidence

1. The defendant's legal statement;

1. Statement of witness F;

1. A protocol concerning the examination of each police suspect with regard to F;

1. Statement made by the prosecution with respect to F;

1. Seizure records;

1. Investigation report (specific suspect);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the period of repeated crime of a suspect);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and Article 30 of the Criminal Act concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, etc. shall be the first crime recommendation.

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