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(영문) 부산지방법원 2012.11.9.선고 2012고단8077 판결
마약류관리에관한법률위반(향정)
Cases

2012 Highest 8077 of the Act on the Control of Narcotics, etc. (franking)

Defendant

○○○, Other

Residential captain ○○○-Eup

Busan District Prosecutor ○○○

Prosecutor

Freeboard (prosecution), prosecution (public trial)

Defense Counsel

Law Firm L&C cases, Attorneys Park Gyeong-chul et al.

Imposition of Judgment

November 9, 2012

Text

A defendant shall be punished by imprisonment for one year.

The evidence of 20,000 won shall be collected from the defendant, as set forth in Articles 2587 and 2587 of the Busan District Prosecutors' Office, which was seized.

Reasons

Criminal facts

From December 2004, the Defendant is not a person handling narcotics, as an employee of the disaster safety team (fire fighter) in the management support center of the headquarters of the high-powered nuclear power plant in the Republic of Korea from around December 2004 to the present.

1. On September 8, 2012, around 15:00, the Defendant: (a) put approximately 0.03g of psychotropic drugs in a single-use injection machine; and (b) injected camphones by melting cambamin (hereinafter referred to as “one-time clophone”); and (c) cambalon into the bloodline of his left arms, in the Defendant’s house located at ○○○○○○○-○○○ apartment apartment, ○○○○○○○○○-dong, ○○○○○; hereinafter referred to as “written clophone”).

2. At around 11:00 on September 17, 2012, the Defendant administered clophones by inserting approximately 0.03g of clophones from the Defendant’s home into a single-use injection instrument and clophones in a way of injecting the left part of the blood.

3. At around 14:00 on September 20, 2012, the Defendant administered a phiphone by inserting approximately 0.03g of philopon into a single-use injection machine and melting the left part of the blood.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Notification of the result of appraisal of narcotics;

1. Application of Acts and subordinate statutes to investigation reports (training of fluorites);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (or, respectively, choice of imprisonment);

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

Judges

Judge Yang Sung-nam

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