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(영문) 부산지방법원 2014.12.18 2014고단7582
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The evidence seized shall be forfeited from the criminal defendant.

Reasons

Punishment of the crime

On July 21, 2011, the Defendant, at the Busan District Court, sentenced one year and three months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the one-year prison in the North Korean Dos on July 29, 2012. On August 8, 2013, the Defendant sentenced one year and four months to imprisonment for the same crime in the same court on August 8, 2013, and completed the execution of the sentence in the same prison on April 3, 2014.

Notwithstanding that the Defendant is not a person handling narcotics:

1. On June 2, 2014, around 15:40, 15:40, the psychotropic drugs in Seo-gu Busan Metropolitan City “D” 803 is put about approximately 0.03 grams in a single-use injection machine, which are psychotropic drugs obtained by an unsatising circumstance (hereinafter referred to as “satisonphone”), and administered them by inserting them into the blood bars of their left arms, after mixing them with water;

2. At around 14:00 on September 8, 2014, around 00, approximately 0.03 grams of opphones were administered at the guest room in the beginning of Busan Dong-dong in the same manner as that of the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. E statements;

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. Photographs (pines, simplified reagents, etc.);

1. Investigation report (the result, etc. of the examination of simple reagents);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (the attachment of written judgments and the confirmation report on the date of release);

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 was sentenced to punishment for the same crime even though he was sentenced to punishment for the same crime under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (on the basis of market price of 100,000 won for a single medication on the basis of a logphone).

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