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(영문) 부산지방법원 2012.05.17 2011고단8182
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 21, 2009, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. in the Changwon District Court’s Jinju branch on October 21, 2009 and completed the execution of the sentence on August 2, 2010, and is not a person handling narcotics.

1. On October 201, the Defendant issued approximately 0.06g of psychotropic drugs to D, a psychotropic drug, at a restaurant where the trade name in Busan Northern-gu C is unknown.

2. In October 201, the Defendant delivered approximately 0.06 grams of clophones to D from the alleyway near the Seo-gu Busan, Seo-gu, Busan.

3. On November 8, 201, at around 23:00, the Defendant injected approximately 0.03g of philophonephones from a part-time toilet in Busan Jung-gu, Busan, into a raw water, and administered them by means of injecting them to his own left part-hand bloodline.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Each prosecutor's protocol of examination of the accused (including the statement written in D);

1. Copy of each protocol of suspect examination of D or G by the prosecution;

1. Notification of the results of narcotics appraisal;

1. Investigation report (report on the market price of the Mesphere-pathy);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records, investigation reports, and criminal investigation reports;

1. Relevant Article of the Criminal Act, Articles 60 (1) 3, 4 (1), and 2 subparagraph 4 (b) (the delivery or medication of psychotropic drugs) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment for each sentence;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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