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(영문) 부산지방법원 2014.10.30 2014고단7383
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On December 27, 2012, the Defendant sentenced 10 months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on December 27, 2012, and completed the execution of the sentence in the Changwon Prison on August 5, 2013.

[2014 Highest 7383] Notwithstanding that the Defendant is not a person handling narcotics, around August 25, 2014, around 23:00, the Defendant injected approximately 0.03g of psychotropic drugs, which are psychotropic drugs acquired by the unexploiting circumstances, as prescribed in Article 604 of the D'Mobur 604 in Changwon-si Member C, in a single-use injection machine, and administered them by means of injecting them to their left arms.

[2014 Highest 8055] Even if the Defendant is not a narcotics handler, on August 7, 2014, around 03:00, at the Defendant’s house located in Changwon-si Mucomcompoon E, approximately 0.06g of psychotropic drugs, psychotropic drugs, Meetpacters (hereinafter “one-time phone”) were collected in a single-use injection machine, mixed with water, and administered narcotics.

Summary of Evidence

1. Statement by the defendant in court;

1. Prosecutions and police interrogation protocol of the accused;

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. Investigation report (report on the calculation of additional collection charges, etc.);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the current status of criminal identification and personal identification records);

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 100,000 won for a one-time medication) was sentenced to punishment for the same crime, and the defendant again committed the crime of this case during the period of repeated crime. In addition, the background, means, and means leading to the crime of this case.

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