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부산지방법원 2013.08.22 2013고단3212

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

Defendant is not a narcotics handler.

On June 1, 2013, at around 23:50, the Defendant: (a) inserted approximately 0.03g of psychotropic drugs in a single-use injection machine; and (b) injected them into the left arms in a way of injecting them.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Copy of the police statement of E;

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. Application of Acts and subordinate statutes to a report on investigation (the results of precise appraisal);

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. It is so decided as per Disposition by comprehensively taking into account the factors favorable to the defendant, such as the fact that the defendant committed again the crime of this case while he had been sentenced to a suspended sentence for the same kind of crime even though he had the record of being sentenced to a suspended sentence for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. (100,000 won for a single medication) and the factors favorable to