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(영문) 부산지방법원 2014.05.22 2014고단2732
마약류관리에관한법률위반(향정)
Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 28, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny, etc. in Seoul Eastern District Court, and was released from prison on October 28, 201 and completed the execution of a sentence on November 9, 201.

On March 27, 2014, the Defendant: (a) around 01:30 on March 27, 2014, (b) around 206, the psychotropic drugs handled narcotics by inserting approximately 0.03 grams, which are psychotropic drugs, into a single-use injection machine, and mixing them with water; and (c) administering narcotics, etc. in a way of injecting them into the left bloodline.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

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 (or medication, etc.);

1. A criminal investigation report (a photograph, photograph, etc. of a injectionist);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (the attachment of judgment and confirmation of the date of final 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. It is so decided as per Disposition, by comprehensively taking into account the factors favorable to the defendant, such as the sentencing factors disadvantageous to the defendant, and the fact that the defendant committed the crime of this case during the period of repeated crime, even though he was sentenced to punishment for special larceny, etc. under the proviso of Article 67 of the Act on the Control of Narcotics, etc. (100,000 won for a single medication on a board).

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