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(영문) 창원지방법원 2013.07.12 2013고단906
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

590,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

[Criminal Power] On July 15, 2010, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on July 15, 2010, and completed the execution of the sentence in the official prison on March 1, 2012.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. On April 5, 2013, the Defendant: (a) delivered two disposable injection equipment, including psychotropic drugs, to C in the vicinity of a bus terminal located in the Changwon-si, Changwon-si, Masan-si; (b) on April 5, 2013, the Defendant issued two psychotropic drugs, to C.

2. The defendant's month when he administered phiphones.

8. Around a night, the E Hospital 1st floor of the E Hospital D, 0.03 glopon, d, was dilutiond with aquatic water and administered by means of injection using a injection device to his left arms.

3. The defendant who possesses philophones. The same month.

9. Around 16:45, at around 16:45, in the possession of five injection equipment containing 0.86g philopon in front of a national bank (Dongmsan Branch) near the bus terminal located in the Chang-si, Changwon-si, Mussi, Masan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and records of seizure;

1. Descriptions of a request for appraisal, and additional return on a request for appraisal;

1. Investigation report (as to attachment of a copy of protocol of suspect C by case);

1. Previous convictions indicated in judgment: Criminal records and investigation reports (verification and confirmation of repeated crimes - Court rulings and personal identification and current status of confinement);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., for the Prevention of Criminal Crimes, and Selection of Imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Grounds for calculation under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection: 590,000 won [490,000 won (70,000 won/g) for delivery April 5, 2013] 10,000 won;

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