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(영문) 부산지방법원 2012.09.28 2012고단5625
마약류관리에관한법률위반(향정)
Text

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

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 19, 2010, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on March 10, 201, and completed the execution of the sentence on March 10, 2012, and was not a person handling narcotics.

1. At around 11:00 on June 1, 2012, the Defendant: (a) inserted approximately 0.03g of psychotropic drugs in the D male toilet located in the Busan Eastdong-gu, Busan, in a single-use injection machine; (b) added approximately 0.03g of psychotropic drugs to a single-use injection machine; and (c) injected them in a way of injecting them into his/her own for-use serum.

2. On July 8, 2012, at around 01:30, the Defendant injected approximately 0.03g of philopon into a single-use injection machine at 505 room located in Geumcheon-gu Busan Metropolitan Government, and dived it with a scopon into a single-use injection machine, and administered it in a way of injecting it into one’s own scopon transfusion.

3. The Defendant, at the same time and place as Paragraph 2, put about 0.03g of phiphonephones into a single-use injection machine, dilutiond with raw water, and then delivered them by means of injection to the left blood cells of G in a related related relationship.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Requests for appraisal, reports on investigation (attached a written report on the request for appraisal);

1. Investigation report (Investigation of the current market price of Mesphere);

1. Previous convictions in judgment: Criminal records, previous records, results of confirmation, and application of Acts and subordinate statutes of investigation reports (verification of the date of final release from A);

1. Article 60(1)3, Article 4(1), and Article 2 Subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter “former Narcotics Act”); Article 60(1)2, Article 4(1)1, and Article 2 Subparag. 3(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 1, 201; hereinafter “former Narcotics Act”); Article 60(1)2, and Article 4(1)1, and Article 2 Subparag. 3(b) of the Narcotics Control Act (amended by Act No. 1140, Jul. 8, 2012; hereinafter “former Narcotics Act”);

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

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

1. The previous Narcotics Act;

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