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(영문) 부산지방법원 2014.06.13 2014고단3041
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On February 23, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on April 26, 201, and completed the execution of the sentence in the net prison on April 26, 201.

【Criminal Facts】

The defendant is not a person handling narcotics.

2014 highest3041

1. On March 2, 2012, around 12:20, the Defendant issued and received narcotics, etc., free of charge, to E, by delivering the psychotropic drugs, psychotropic drug cambacule (hereinafter “clophone”) in the vicinity of D’s office located in Busan Jin-gu, Busan.

2. On April 12, 2014, at around 02:00, the Defendant administered narcotics, etc. by inserting approximately 0.03g of philopon into a single-use injection machine and mixing them with water at the left cover.

2014 Highest3890

3. On October 5, 2013, around 17:30 on October 5, 2013, the Defendant received narcotics, etc. by delivering approximately 0.03 g of philopon to H at a mutual influor restaurant located in the Seocho-gu Busan Metropolitan City, Busan, and H without compensation.

Summary of Evidence

[Criminal facts in the market]

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. Notification of the results of appraisal of narcotics, etc. by the medication department’s photographs, medication level, and narcotics;

1. Investigation report (related to the calculation of additional collection charges);

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of H by the prosecution;

1. A copy of the currency;

1. Investigation report (calculated of a philophone collection charge) (the criminal records in the market);

1. Application of Acts and subordinate statutes to criminal records and investigation reports (the previous attachment of judgment and confirmation of the date of final release from court);

1. Article 60(1)3, Article 4(1), and Article 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10768, Jun. 7, 201; hereinafter the same) on criminal facts and the selection of punishment types of narcotics (the issuance of phiphonephones at the time of sale); Articles 60(1)2 and 4(1) and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.; Articles 2 and 2 subparag. 3(b) of the same Act on the administration of narcotics, etc.

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