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(영문) 부산지방법원 2014.02.14 2013고단7739
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

At around 08:00 on June 10, 2013, the Defendant, at D’s house located in Busan Jin-gu, Busan, put about 0.03g of psychotropic drugs in a single-use injection machine, melting them into water and attempted to administer them into the arms in a single-use injection machine. However, the Defendant attempted to take them into the psychotropic drugs by misunderstanding them as phiphones, and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including statements in E or D);

1. Statement made by the police to the F;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. In light of the following: (a) the sentence of sentence is inevitable; (b) the sentence is to be imposed in consideration of the fact that the Defendant was punished several times by committing a crime related to the administration of phiphones; and (c) Articles 60(1)2 and (3), 4(1) and 2 subparag. 3(b) of the Act on the Selection and Management of Narcotics, Etc. concerning the crime of this case; and (d) other accomplices have been administered phiphones upon the Defendant’s solicitation in the course of committing the crime of this case, the sentence is to be imposed in the same manner as the order, taking into account all the circumstances, such as the Defendant’s current health condition and the fact

Parts of innocence

1. The primary charge of this case is not a person handling narcotics.

At around 08:00 on June 10, 2013, the Defendant injected approximately 0.03g of psychotropic drugs, in a single-use injection machine, and melted them with water, at D’s house located in Busan Jin-gu C, Busan, and administered them.

2. The judgment of the defendant stated that the investigative agency included approximately 0.03 g of philophones, a quantity of which is one time at the time and place indicated in the facts charged, in a single-use injection period, and the defendant was examined in the course of the prosecution investigation by the prosecution at the time, in person by the defendant.

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