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(영문) 부산지방법원 2014.05.15 2014고단2491
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be forfeited from the defendant.

from the defendant.

Reasons

Punishment of the crime

On November 15, 2012, the Defendant was sentenced to one year for violation of the Act on the Control of Narcotics, Etc. in Busan District Court on November 15, 2012, and completed the execution of the sentence in Busan Correctional Institution on February 23, 2013.

Defendant is not a narcotics handler.

1. On March 14, 2014, at around 21:00, the Defendant injected approximately 0.03 g of psychotropic drugs into the blood bars of his left arms using a disposable injection device, at the guest room located in Busan East-gu, Busan-gu, the Defendant injected approximately 0.03g of psychotropic drugs (one name “propopon”; hereinafter “propopon”).

2. On March 17, 2014, at around 16:10, the Defendant, at around 16:10, placed a disposable injection machine containing approximately 0.28ml 0.27ml luculphones, for which approximately 0.03ml luculphones are mixed, and a vinyl paper containing approximately 0.28ml luculon luculon from the front side of Busan Jung-gu, Busan.

Accordingly, the Defendant, not the narcotics handler, administered and possessed the psychotropic drugs.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. The photograph of the relevant article;

1. Investigation report (the attachment, etc. of a video CD made by the accused);

1. Previous convictions: Application of criminal records and investigation reports (prior convictions and attachment of repeated crimes) and statutes;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. The defendant for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won at the market price for one-time medication) is under the period of repeated crime even though he was sentenced to criminal punishment for the same kind of crime.

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