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(영문) 부산지방법원 2014.09.19 2014고단5435
마약류관리에관한법률위반(향정)
Text

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

Seized evidence No. 1 shall be confiscated.

70,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 14, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court on January 14, 201, and completed the execution of the sentence on February 10, 2013.

[2014 Highest 5435] Even if the Defendant is not a narcotics handler, on December 24, 2013, the Defendant sold to R about 0.6g of psychotropic drugs, 0.6g of psychotropic drugs, in front of Qteltel in Busan, Busan, on December 24, 2013, and sold narcotics, etc. to R for approximately 60,000 won.

[2014 Highest 6153] Although the Defendant is not a person handling narcotics, around July 19, 2013, around 19:30, the Defendant injected approximately 0.03g of the psychotropic drugs acquired from the fact-finding in Busan Seo-gu, Seo-gu, Busan (hereinafter “T” 505) with water, and administered them by using a disposable injection device.

Summary of Evidence

[2014 Highest 5435]

1. Statement by the defendant in court;

1. A copy of each protocol of suspect examination of R by the police;

1. Statement by the police of U;

1. A written request for appraisal;

1. Reporting on the calculation of additional collection charges, and monthly trends of narcotics;

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Investigation report (Attachment of suspect DNA identification documents), and notification of requests for appraisal;

1. Records of seizure and the list of seizure;

1. Reporting on calculation of additional collection charges and monthly trends of narcotics;

1. A reference report on criminal records, etc.;

1. Unclaimed report on the disposition and the result of confirmation;

1. Application of the Acts and subordinate statutes to the investigation of details;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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 main sentence of Article 67 of the Act on the Control of Narcotics;

1. The defendant, for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., has the same history of serving several punishments for the same kind of crime.

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