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(영문) 부산지방법원 2014.05.15 2013고단9239
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On May 7, 2013, the Defendant: (a) inserted approximately 0.1g of psychotropic drugs in a single-use injection machine at the Defendant’s office located in the Dong-gu Busan Metropolitan City (hereinafter “Japan”); (b) injected them into a single-use injection machine; and (c) injected them in a way of injecting them into the left arms blood transfusion.

2. On August 7, 2013, at around 20:00, the Defendant injected approximately 0.1g of phiphones into a single-use injection machine, dilution with bio-diling, and administering them in a way of injecting them into the blood transfusion of left arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of suspect examination of the accused (including D's statement);

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. Application of Acts and subordinate statutes to a criminal investigation report (the attachment of CDs to the accused and a detention center);

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. 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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on the market price of 100,000 won for a single scoponononon) is that the Defendant again committed the instant crime even though he was sentenced to several punishments for the same kind of crime, and the Defendant has committed the instant crime in light of all the circumstances, including the background, means, and methods leading to the instant crime.

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