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(영문) 부산지방법원 서부지원 2017.12.21 2017고단1204
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 16, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court for one year and eight months, and on November 18, 2016, was not a person who completed the execution of the sentence at the Ganpo Prison on November 18, 2016, and was not a person handling narcotics.

From April 16, 2017 to around 00:40 of the same month, the Defendant administered meconc with the Defendant’s residence or Busan Gangseo-gu Busan Gangseo-gu, in a manner such as using a disposable injection device for the purpose of using a single-use injection device or drinking in a beverage.

Summary of Evidence

1. Response to a request for appraisal;

1. Investigation report (the results of investigation conducted with respect to investigation command and the investigation conducted with respect to statements of suspects);

1. A report on investigation (related to the calculation of an additional collection charge);

1. Previous conviction: The defendant and his defense counsel's reply to inquiry such as criminal history, investigation report (the date of release) and defense counsel's argument about the defendant and his defense counsel's assertion that the defendant's drinking alcohol on April 23, 2017 appears to have been put in the defendant's drinking alcohol at night, and the argue's body appears to have the same reaction as the administration of phiphonephones at the defendant's body, and thus, the defendant's defense counsel's request for a drug inspection as he voluntarily appeared at the investigative agency and requested a drug inspection.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court: (a) all of the results of the investigation by the person asserts that the defendant had met, stating that the defendant had not met on the above day-to-day border; and (b) the detection of philophone ingredients in the defendant's urine as well as the defendant's urine, the above assertion is without merit.

Application of Statutes

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Sentencing.

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