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(영문) 부산지방법원 2012.09.25 2012고단6166
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for a period of one year and four months;

2. 30,000 won shall be collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On July 22, 2012, the Defendant issued a disposable injection to D with approximately 0.03g of psychotropic drugs in E-Adi-car, which was operated by D, parked on a road near the Cridge in Busan Northern-gu, Busan, and where approximately 0.03g of psychotropic drugs.

2. At around 22:30 on July 19, 2012, the Defendant added approximately 0.1g of philophone into a single-use injection machine, dilution into his/her left mphophone, and administered it by means of injection into his/her own left mar in the guest room where it is impossible to identify the head of the “Fel” in Busan Northern-gu, Busan. At around 22:30 on July 19, 2012, the Defendant administered it by means of injection into his/her left mar, around 19:30 on July 25, 2012. The Defendant: (a) inserted approximately 0.1g of philophone into a single-use injection machine; and (b) injected it into his/her left mar.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol of suspect examination of D by the police;

1. Ratification (two copies of an investigation report, notification of the results of the appraisal of narcotics, and response to a request for appraisal);

1. Investigative report (in addition to a list of currencies);

1. Investigation report (based on the results of urient appraisal);

1. Investigation report (survey of the current market price of Mesphere and calculation of additional collection charges);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of photographs of a host country);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2 of the Act on the Control of Narcotics, Etc., the Selection of Punishment for Criminal Facts, and the Selection of Imprisonment with prison labor;

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

3. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics Additional Collection.

1. Violation of the Act on the Control of Narcotics, etc. due to the application of the standards for punishment and sentence [decision of type] by the delivery of psychotropic drugs: The violation of the Act on the Control of Narcotics, etc.: It shall be based on the medication of psychotropic drugs among the narcotics crime groups.

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