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(영문) 부산지방법원 2010.1.12.선고 2009고단5545 판결
마약류관리에관한법률위반(향정)
Cases

209 Highest 5545 Act on the Control of Narcotics, etc. (franking)

209 Highest 6131 (Joints)

209 Highest 6362 (Joints)

Defendant

LA (58 years old, South)

Prosecutor

Maximum Constitution

Defense Counsel

Attorney Full Human Rights (National Assembly)

Imposition of Judgment

January 12, 2010

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

1,400,000 won shall be additionally collected from the defendant.

Reasons

Criminal History Office

On December 6, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on December 6, 2007, and completed the execution of the sentence at the Busan Detention Center on July 22, 2008, and is not a narcotics handler.

1. On March 1, 2009, the Defendant issued 0.03 g of approximately 0.03 grams, psychotropic drugs, to thisCI, in a way that it is impossible to find out the heading room of the Maurine located in the Seocho-gu Busan Metropolitan City, Busan Metropolitan City.

2. The Defendant, at the same time and place as described in paragraph 1., 0.03 gramphonephones were put into a single-use injection machine, melted with water, and administered them by means of injection into the arms blood cells.

3. 피고인은 2009. 6. 20. 21:00경 위 ◇ 모텔에서, 필로폰 약 0.03그램을 일회용주사기에 넣고 생수를 빨아들여 녹인 다음 자신의 팔에 주사하는 방법으로 이를 투약하였다.

4. 피고인은 2009. 7. 중순 01:00경 위 ◇ 모텔의 호실을 알 수 없는 방안에서, 필로폰 약 0.03그램을 이C1에게 건네주어 이를 교부하였다.

5. The Defendant 4. At the same time and place as described in paragraph 4. The Defendant injected approximately 0.03 gramopphones into a single-use injection machine, melting them with water, and administering them in a way of injecting them into the arms blood cells.

6. 피고인은 2009.9. 초순 02:00경 부산 부산진구 초읍동에 있는 ◆ 모텔의 호실을 알 수 없는 방안에서, 필로폰 약 0.03그램을 이C1에게 건네주어 이를 교부하였다.

7. The Defendant, at the same time and place as described in paragraph 6. 3, 0.03 gramphonephones were put in a single-use injection machine, melted with water, and administered them by means of injection into the arms blood cells.

8. On October 5, 2009, at around 13:10, the Defendant put about about 0.08 grams purchased from the Defendant’s house located in the Busan High-dong, Busan High-dong, in a single-time injection machine, and melted the water into the left hand, and administered it.

9. 피고인은 2009.10. 중순 01:00경 위 ◆ 모텔의 호실을 알 수 없는 방안에서, 필로폰 약 0.03그램을 이C1에게 건네주어 이를 교부하였다.

10. The Defendant, at the same time and place as described in paragraph 9.1, 0.03 gramphonephones were put in a single-use injection machine, melted with water, and administered them by means of injection into the arms blood cells.

11. From October 19, 2009 to 02:00, the Defendant administered 0.32 grams purchased from Park C3 to 400,00 in a way that it is difficult to find out the heading room of the above telephone. The Defendant administered 0.32 gramopon purchased from Park C3 to her beer.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning examination of suspect by the prosecution against Kim Da4, and thisC1;

1. A copy of a protocol concerning suspect examination against thisC1; and

1. The police statement against Kim C5;

1. Each request for appraisal;

1. Details of currency;

1. A report on investigation (calculated additional charges);

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (a copy of the judgment, and current status of personal identification and confinement);

1. Article applicable to criminal facts;

Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and proviso of Article 42 of the Criminal Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

Judges

Judges Han Han-Gyeong

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