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(영문) 부산지방법원 2014.05.01 2014고단1905
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

On May 20, 2004, the Defendant was sentenced to 8 years of imprisonment for violation of the Act on the Control of Narcotics, etc. at Busan High Court on May 20, 2004, and completed the execution of the sentence in the net prison on November 17, 201.

Defendant is not a narcotics handler.

1. The Defendant, at the end of 19:00 as of December 2, 2013, issued to E disposable injection equipment with approximately 0.03g of psychotropic drugs Mecapopty (one name “philopon”; hereinafter referred to as “philopon”) on the way front of the D Saemaul Treasury located in Kimhae-si C at the end of 19:0,00, and free of charge, issued to E disposable injection equipment with approximately 0.03g of psychotropic drugs

2. Shall put about 0.03 gramopon on the spot into a disposable divers, dilution with aquatic dilution and then in his/her selling body divers;

3. At around 22:00 on March 4, 2014, G Park, located in the same Dong, put approximately 0.03 grams 0.03 grams in a single-use injection machine, dilution the growth water, and injected it into the blood stuff.

Accordingly, the Defendant, not the narcotics handler, received the psychotropic drugs once, and administered them twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Copy of a protocol of police interrogation regarding E;

1. Police seizure records;

1. Photographs (sopon medication itself);

1. Investigation report (the photograph, etc. of the result of the examination of urinals and simplified reagents);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports ( current status of personal identification and confinement records, previous convictions and attachment of repeated crimes);

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on the market price of one-time medication and delivery of a scoponon) is that the Defendant was sentenced to the same crime, but the Defendant repeats the crime of this case during the period of repeated crime.

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