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(영문) 부산지방법원 동부지원 2014.06.18 2014고단455
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 (one-time injection) shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On June 23, 2011, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on April 28, 2012, and completed the execution of the sentence in the original prison on April 28, 2012. On October 25, 2012, the same court sentenced one year and eight months to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence in the first prison on February 1, 2014.

【Criminal Facts】

The defendant is not a person handling narcotics.

On March 23, 2014, at around 16:00, the Defendant injected the psychotropic drugs into tap water at the dwelling of Busan Shipping Daegu C 45 Dong 109D, 0.03g of psychotropic drugs, and administered them by inserting them into a single-use injection instrument, and taking them into the Defendant’s left cover.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police seizure records;

1. Requests for appraisal;

1. Previous offense: Investigation report (verification report on the date of release), application of Acts and subordinate statutes concerning personal identification and confinement status;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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

1. Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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