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(영문) 부산지방법원 2014.11.27 2014고단7645
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 or 2 shall be forfeited from the accused.

Reasons

Punishment of the crime

On August 25, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on August 25, 201, and completed the execution of the sentence at the Busan Detention Center on February 2, 2012.

Notwithstanding that the Defendant is not a person handling narcotics:

1. On September 11, 2014, around 19:00, the Defendant’s office located in Suwon-gu Ctel 307, the Defendant put approximately 0.05g of psychotropic drugs, which are psychotropic drugs acquired as an unsatisfic safety, into a single-use injection machine and dilution, and administered them by means of injection into his left arms stuffs;

2. On September 12, 2014, around 12:55, at the front of the Ctel, he/she carried approximately 0.19g of ctelphones by inserting them in his/her own baline in a one-time injection machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Photographs, etc.;

1. Investigation report (the result of a minor inspection, etc.);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (prior to dispositions, report on results of confirmation, confirmation date of the latest date of release, and current status of personal confinement);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won at the market price of one-time medication) was sentenced to punishment for the same crime, and the defendant again committed the crime of this case during the period of repeated crime. In addition, the background, means, method, and method leading to the crime of this case.

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