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(영문) 부산지방법원 2017.06.09 2017고단2067
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 1, 2013, the Defendant was sentenced to three years of imprisonment for a violation of the Narcotics Control Act in the Busan District Court, and completed the execution of the sentence in the Southern Prison from July 20, 2016, and is not a narcotics handler.

1. On February 19, 2017, around 20:00, the Defendant administered philophones by inserting approximately 0.03 g of Mesophical medicine (one philophone; hereinafter “philophone”) into a single-use injection unit, dacthophones (one philophones; hereinafter “philophones”) at the hospital room of 513 (D Hospital located in Gold-gu Busan Metropolitan City, Geumpo-gu, and then administering philophones in a way of injecting them into a single-use injection unit, dactines.

2. On April 4, 2017, around 18:00, the Defendant: (a) stated the E Station of Busan subway No. 1 (in the facts charged in the Busan Eastdong-gu, “Yeongdong-gu,” but (b) stated that it is “Seng-gu,” and recognized such facts without any amendment to the indictment, thereby hindering the Defendant’s exercise of his/her right to defense; and (c) therefore, it is recognized as criminal facts.

F) In male toilets, approximately 0.03g of philophonephones were administered in a way of scoponing to coffees.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure and respective expert records;

1. Previous convictions as indicated in the judgment: Inquiry about criminal history, search results of prisoners, investigation reports (one hundred thousand and one2 times a year), application of the text of the judgment;

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

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc.

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