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(영문) 부산지방법원 2013.05.03 2013고합188
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Criminal facts

On May 3, 2011, the defendant and the requester for medical treatment and custody (hereinafter referred to as "defendant") are sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court on November 20, 201, and have the same criminal records more than once in addition to the termination of the execution of the sentence in the Jin prison on November 20, 201.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. On March 6, 2013, at least 21:50 on March 6, 2013, the Defendant: (a) inserted approximately 0.03 grams of psychotropic drugs, in a single-use injection machine; and (b) administered chophones in a way that a male who could not know the trade name near the Busan B Hospital; and (c) injected chophones by inserting approximately 0.03g of psychotropic drugs, into a single-use injection machine; and (d) chophones into the Defendant’s left bloodline.

2. On March 7, 2013, at around 13:00, the Defendant administered phiphones by inserting approximately 0.06g of one-day E and philopon into a single-use injection machine with the Internet hosting on the Internet, melting them as water, and dividing them into half of the above E’s shoulder.

Accordingly, the Defendant conspiredd with the above E to administer philophones.

[Facts that cause medical treatment and custody] The Defendant is a person with two times the criminal records due to the violation of the Act on the Control of Narcotics, Etc., as stated in the above criminal records, and the instant crime also constitutes the same kind of crime.

Therefore, the defendant is addicted to substances that are likely to be abused or harmful, and there is a need to receive medical treatment at a medical treatment and custody facility and there is a risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. As to the report of investigation (as to the country of injection)

1. Notification of the result of appraisal of narcotics;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (criminal records of a suspect), and investigation reports (Attachment to a duplicate of judgment related to a suspect);

1. The necessity of the treatment as indicated in the judgment and its recidivism;

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