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(영문) 부산지방법원 2013.04.25 2013고단1579
마약류관리에관한법률위반(향정)
Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

On February 10, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court on February 10, 2012, and completed the execution of the sentence in Busan Detention Center on February 8, 2013.

Defendant is not a narcotics handler.

On March 16, 2013, around 21:00, the Defendant injected approximately 0.03g of the psychotropic drugs delivered from E in a single-use injection machine, the psychotropic drugs (one-time clopon), which were psychotropic substances (one-time copon), in Busan Jindo C, Busan, and then injected them by means of injecting them into the spopic transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

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. A criminal investigation report (the attachment, etc. of photographs of injection subjects);

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

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 main sentence of Article 67 of the Act on the Control of Narcotics;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won at a time of sale) is that the defendant was sentenced to imprisonment for the same kind of crime and for two months, and again committed the crime of this case repeatedly during the period of the repeated crime, etc., which are disadvantageous to the defendant, shall be determined as per the disposition, comprehensively taking into account the factors favorable to the defendant, such as the factors for sentencing and the fact that they were committed repeatedly

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