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(영문) 부산지방법원 2013.12.27 2013고단6557
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

On April 23, 2012, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan District Court on April 23, 2012, and on September 7, 2013, the Defendant is not a person handling narcotics, who completed the execution of the sentence in the smuggling detention house.

1. On September 12, 2013, the Defendant: (a) inserted approximately 0.05 g of psychotropic drugs in a single-use injection machine; (b) injected them into the following arms in a single-use clinic at the Mour room where the trade name in Seo-gu Busan is unknown; and (c) injected them with water.

2. On September 17, 2013, the Defendant: (a) inserted 0.05g of phiphone into a single-use entertainment machine at the Mour room where the trade name located in Gangseo-gu Busan Metropolitan Government D is unknown; and (b) injected it into a water and administered it into the arms bloodline after being melted with water.

Summary of Evidence

1. Defendant's legal statement;

1. The table for the appraisal request, the table for training, and the table for prosecution;

1. Each investigation report (No. 7, 8, 12, and 24 No. 7 of the evidence list);

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;

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