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(영문) 부산지방법원 2013.10.29 2013고단6462
마약류관리에관한법률위반(향정)
Text

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

Seized evidence No. 1 shall be confiscated.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 8, 2013, the Defendant was sentenced to 10 months in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on August 13, 2013 at the port prison.

The defendant is not a person handling narcotics.

On September 21, 2013, at the Defendant’s house located in Suwon-gu, Busan, about 0.05g of psychotropic drugs, the Defendant put about approximately 0.05g of psychotropic drugs in a single-use injection instrument, dilution with bio-treatment, and administered them in a way of injecting it into the sprink.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Notification of text messages, photographs, narcotics appraisal results, etc. as a result of dial appraisal;

1. Each investigation report (with respect to the verification of the scopon from seized articles to the scopon, the investigation of the market price of the scopon and the calculation of additional collection charges);

1. Before judgment: Application of criminal records and investigation reports (verification of the date of final release) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts, and the choice of imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 67 of the Act on the Management of Confiscation and Collection of Narcotics only four times the defendant was punished for the same kind of crime, but also committed again the crime of this case even though he was committed for the same kind of crime. However, the defendant committed the crime of this case while one child who is a university student and one living together with the same kind of crime, the defendant committed the crime of this case after committing the crime, and led to the self-denunciation by the invitation of the child, the person with a disability of class 4 is not good, and the person with a disability of class 4 is against the law.

It is so decided as per Disposition for the above reasons.

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