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(영문) 부산지방법원 2018.12.12 2018고단4884
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

equivalent to the above additional collection.

Reasons

Punishment of the crime

On April 14, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on April 14, 2017, and completed the execution of the sentence at the port prison on August 3, 2018.

Defendant is not a narcotics handler.

1. On October 19, 2018, the Defendant, at the Busan Dong-gu Busan Metropolitan City Bel C heading, administered a philopon by inserting approximately 0.03g of Mesophical medicine (one philopon; hereinafter “philopon”) into a single-use injection machine, and dilution with water, and administering a philopon into a left part of the blood line.

2. On October 25, 2018, at around 02:00, the Defendant administered chophones by inserting approximately 0.03g of chophones into a single-use chophone in front of the funeral ceremony of the E Hospital located in Busan-gun, Busan-gun, and dhophones into the left left part of chophones by dilution them with water.

3. On October 26, 2018, at around 13:00, the Defendant administered phiphones by inserting approximately 0.03g of phiphones into a single-use injection machine and dilution them with water into the left part of the blood.

4. On October 27, 2018, around 00:00, the Defendant administered phiphones by inserting approximately 0.03g of philopon into a single-use PC located on the third floor of the building F in Busan, Jung-gu, Busan, in a way of injecting it into a left part of the blood body by dilution with water.

Summary of Evidence

1. Statement by the defendant in court;

1. A written expert opinion on defense;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of the period of repeated crime);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

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

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Taking into account the fact that the Defendant, for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, did not release him from the same crime and did not continuously administer philophones.

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