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(영문) 부산지방법원 2013.03.29 2012고단9785
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

On June 10, 2011, the Defendant was sentenced to one year and two months as a crime of violating the Act on the Control of Narcotics, etc. at the Ulsan District Court, and the Defendant completed the execution of the sentence in the third prison of the Gyeongbuk-gu, North Korea on February 26, 2012.

The defendant is not a person handling narcotics.

1. On November 21, 2012, around 21:00, the Defendant put about approximately 0.03 g of psychotropic drugs in a single-use injection machine, and dilution them into the left blood line, and administered them in a way of injecting them into the left blood line.

2. On November 13, 2012, at around 03:00, the Defendant put about approximately 0.03g of philopon into a single-use injection machine at the same place as the above “1” and dilutiond with aquatic water, and administered it in a way of injecting it into the left bloodline.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of appraisal of narcotics, etc. and written appraisal;

1. Investigation report (examination results of simplified reagents, appendix photographs of injection subjects, examination of market prices of phiphonephones and calculation of additional collection charges);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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, respectively;

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. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;

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