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(영문) 부산지방법원 2013.10.31 2013고단6084
마약류관리에관한법률위반(향정)
Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 5, 2012, the Defendant was sentenced to one year for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on July 5, 2012, and was sentenced to one year on March 7, 2013, and was not a person handling narcotics.

At around 02:00 on September 10, 2013, the Defendant injected approximately 0.1g of psychotropic drugs purchased from D at the Defendant’s house located in Busan Jin-gu, Busan, by inserting them into a single-use injection machine, and melting them with water, and administering them into the bloodline.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

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. An investigation report (in cases of attaching, etc. photographs of the results of simple reagents and photographs of sonies);

1. Report on internal investigation (application, etc. for a warrant of seizure, search, inspection);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);

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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won at the time of sale) is that the defendant has been sentenced to imprisonment for one year for the same crime and has repeatedly committed the crime in this case during the period of repeated crime, etc., and thus, the sentencing factors favorable to the defendant are considered comprehensively, such as the sentencing factors disadvantageous to the defendant, and the fact that the defendant has repeatedly committed the crime in this case during

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