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(영문) 부산지방법원 2013.12.13 2013고단7816
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

On May 10, 2012, the Defendant was sentenced to 10 months in Busan District Court for the violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the Chungcheong detention house on January 9, 2013.

Defendant is not a narcotics handler.

At around 13:00 on November 13, 2013, the Defendant administered D, who is living in the dwelling area of the Defendant, of the Jung-gu Busan Building 301, with approximately 0.03g of psychotropic drugs, in a single-use injection machine, in a way that the Defendant puts approximately 0.03g of psychotropic drugs, into a single-use injection machine, and dilution them into the Defendant’s pre-sale blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a simplified reagents inspection;

1. Each investigation report (in relation to the attachment of photographs of a host country, the results of minor precision appraisal, the investigation of the market price of mert ambatops and the calculation of additional charges, and attachment to investigation records of suspect examination conducted by the prosecution) and materials attached thereto;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (Attachment of a certified copy of judgment), and 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 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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., committed again the crime of this case even though the defendant committed a crime of the same kind and committed a repeated crime. However, the crime of this case is limited to only a simple medication of phiphones, and the defendant was punished for the same kind of crime prior to the crime of this case only once, the defendant is in profoundly against his will during confession of the crime of this case, and when the defendant is detained for a long time, the defendant is sentenced to the same punishment as the order in consideration of all the circumstances.

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

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