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(영문) 부산지방법원 2020.11.25 2020고단3269
마약류관리에관한법률위반(향정)
Text

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

Seized (No. 2625 on August 21, 2020) No. 10 through 15 of the Military Prosecutors' Office (No. 2625 on August 21, 202).

Reasons

Punishment of the crime

[Criminal Power] On April 6, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on April 6, 201, and completed the execution of the sentence in the Mapo Prison on April 22, 2018.

[200 Highest 3269]

1. Around 12:00 on August 11, 2020, the Defendant, despite that he was not a person handling narcotics, administered 0.03g of psychotropic drugs by inserting approximately 0.03g of psychotropic drugs in a single-use injection machine and dilution with raw water at the Defendant’s home located in Busan Jin-gu B and 1st floor, Busan.

2. On August 12, 2020, around 16:44, the Defendant, at the home of the Defendant, such as the statement in paragraph (1), put about 0.1ml of liquid 0.1ml, which was dilution by scopon into a single-use injection machine, was sealed into a newspaper, and then placed in a kimchi cooling machine.

Accordingly, the defendant possessed and managed philophones.

[200 Highest 3596] Notwithstanding that the Defendant is not a person handling narcotics, on July 2020, the Defendant injected approximately 0.03 g of psychotropic drugs in the office of the Defendant, which was located in Busan Jin-gu B and 1st floor, into a single-use injection machine, and dives them into the arms, and administered them by means of injection.

Summary of Evidence

【Criminal Power】

1. Each statement of criminal records, etc., investigation report (verification of the period of repeated crime and attachment to the same previous report and the judgment);

1. Report on the investigation into seizure and list of seizure of the defendant's legal statement (the status of seizure and attachment of seized articles at the suspect's residence) (the expert report on seizure and attachment of seized articles)

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (in suspect's residence, seizure status and photograph of seized articles);

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

1. Aggravation for repeated crimes;

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