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(영문) 울산지방법원 2014.02.19 2014고단199
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

One disposable injection (No. 1) which has been seized shall be forfeited from the defendant.

Reasons

Punishment of the crime

On July 29, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the Busan District Court on the grounds of a violation of the Punishment of Violences, etc. Act, and was not a person handling narcotics, who completed the execution of the sentence in the first prison of North Korea on February 7

1. 피고인은 2013. 9. 중순 22:00경 부산 수영구 광안동에 있는 꼬꼬호프에서, 이전에 성명불상자로부터 교부받아 소지하고 있던 향정신성의약품인 메트암페타민(속칭 ‘필로폰’, 이하 ‘필로폰’이라 함) 약 0.1g을 음료수에 타서 마시는 방법으로 투약하였다.

2. On November 1, 2013, the Defendant, at around 19:00, administered in the middle of November 2013, approximately 0.03g of philopon in and near Busan Metropolitan City, in the instant coffee toilet near the opening, in a single-use injection machine, and in a dilution with water, the Defendant injected it into his own arms.

3. On January 21, 2014, at around 23:50, the Defendant injected approximately 0.03 g of philopon in a single-use engine, which was previously issued by a person with no name, and was in possession thereof, in the vicinity of the Daejeon Metropolitan Area, and administered it by means of inserting it into the first-use engine and dilution with water.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Records of seizure by prosecution;

1. Each request for appraisal;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and confinement status;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Selection of each sentence of imprisonment;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. There has already been the same criminal records against the defendant, who has been sentenced to both punishments under Article 48(1)1 of the Criminal Code.

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