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(영문) 부산지방법원 2012.07.26 2012고단2318
마약류관리에관한법률위반(향정)
Text

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

Seized heading 1, 2 and 3 shall be confiscated.

Reasons

Punishment of the crime

On December 21, 2010, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on December 21, 201, and the sentence became final and conclusive on December 29, 2010 and is currently in the grace period.

1. On October 201, the Defendant: (a) inserted approximately 0.03g of psychotropic drugs in a single-use injection machine; (b) injected in his/her arms and dilution; and (c) administered them by means of injection into his/her arms and dilution.

2. On December 201, 201, the Defendant: (a) inserted approximately 0.03 grams into a one-time injection machine in the E’s residence located in Busan High-gu, Busan High-gu; and (b) administered them in a way of injection into his arms bloodline after dilution with bio-dilution.

Summary of Evidence

1. Legal statement of witness E;

1. Second-time protocol concerning the examination of suspects of the accused (including the E substitute part);

1. Notification of the result of appraisal of narcotics;

1. Application of Acts and subordinate statutes to investigation reports (report on the current market price of Mesphere);

1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) (a) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) on criminal facts and the choice of imprisonment for each provision of the pertinent Act on the Control of Narcotics, etc.

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

1. The main sentence of Article 67 of the Act on the Control of Narcotics, etc.;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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