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(영문) 부산지방법원 2013.10.31 2013고단5562
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. From May 30, 201 to around 00:20 on the following day, the Defendant possessed approximately 0.09g of psychotropic drugs-related Meptiles (hereinafter “Handphones”) in a car operated by the Defendant, which was parked in the vicinity of the hot spring site in Busan East-gu, and possessed three for a single-time injection machine.

2. The Defendant, at the same time and place as above Paragraph 1, put about 0.03 gramphones into three for a single-use engine, melted with water, divided into C, D, and one unit with which he was operating the said vehicle, and then injected into his arms.

Accordingly, the Defendant, in collusion with C or D, administered philophones.

3. On February 26, 2013, at around 20:0, the Defendant injected approximately 0.03 grams in the first floor toilet of the F Hospital located in Suwon-gu, Busan, for a single-use use, into a single-use injection machine, and melted into water, and administered them into the blood cells of the arms.

4. On May 22, 2013, around 22:00, the Defendant inserted 0.03gopon in a single-use injection machine at the Gmotour room located in Suwon-gu, Busan, and melted with water into the water and administered them for the following arms.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Copy of each protocol of suspect examination of the police against C;

1. C’s copy of a self-written statement;

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 investigation reports (Attachment, etc. of case records);

1. A crime under Article 60 (1) 3, Article 4 (1), and Article 2 subparagraph 4 (b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Article 30 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Criminal Act: A crime under Article 60 (3) and (4) of the Act on the Control of Narcotics, etc.

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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