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(영문) 부산지방법원 2014.10.23 2014고단6738
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

The evidence seized shall be forfeited from the criminal defendant.

Reasons

Punishment of the crime

On March 28, 2014, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on March 28, 2014. The judgment became final and conclusive on April 5, 2014.

Notwithstanding that the Defendant is not a person handling narcotics:

1. On November 7, 2013, around 20:30, a 108-dong 1502-dong 108-dong 1502 of the Defendant’s house, put approximately 0.03g of psychotropic drugs in a single-use injection machine, dilution with water, and then put them into the bloodline of E’s left arms known to Pyeongtaek, and administered them;

2. At around 20:00 on November 22, 2013, a disposable injection machine with approximately 0.03 grams from the Defendant’s home to E without compensation, giving and receiving it;

3.On November 2013, by taking cash of one hundred thousand won from F, which had been known to ordinary places at the above apartment underground parking lots around the end of November 2013, and, in return, delivering approximately 0.15g of phiphones in return, trade them;

4. On December 2013, 2013, around the first half of the first half of the Defendant’s office, the Defendant contained water in a one-time injection machine containing approximately 0.03 grams from the Defendant’s office, dilution, and then delivered water to G with his knowledge of it free of charge, and received it.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. A copy of each police interrogation protocol of F, G, or E;

1. E prosecutorial statement;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Photographs, etc.;

1. A criminal investigation report (in cases of attaching a copy of records of the relevant case);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of the same kind of judgment, failure to take the disposition, and report results of confirmation);

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 first head of each crime as stated in the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes.

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