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(영문) 부산지방법원 2014.01.17 2013고단7811
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On June 26, 2013, around 21:00, the Defendant: (a) put about 0.1g of psychotropic drugs Metepiles (one philopon; hereinafter “philopon”) into a single-use injection machine; (b) injected them into the next arms bloodline.

2. At around 05:00 on June 27, 2013, the Defendant administered approximately 0.1g philophones in the same manner as the above 1, around 05:00.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the legal expert appraisal;

1. Application of Acts and subordinate statutes to each investigation report (No. 6,9,15 No. 15 of the evidence list);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. In light of the fact that the Defendant committed each of the instant crimes even though he/she was sentenced to the punishment for the same kind of crime under the proviso of Article 67 of the Act on the Management of Narcotics, Etc., even though he/she was sentenced to the suspension of indictment on the grounds of self-denunciation, etc. in 2005 and 2008, he/she again committed each of the instant crimes, it is inevitable to pronounce a sentence, in light of the following:

However, in consideration of all the circumstances, such as the fact that the defendant voluntarily surrendered after each of the crimes in this case, the fact that he was hospitalized in the hospital and received treatment for himself, his mistake is divided in depth and reflected, etc., the sentence of the same punishment as the order shall be imposed.

It is so decided as per Disposition for the above reasons.

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