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(영문) 부산지방법원 2013.06.13 2013고단1053
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 September 26, 2012, around 22:10, the Defendant administered a phiphone by mixing it with water to the left part of the psychotropic drug, which contains the psychotropic drug Mampae (one philopon; hereinafter “philopon”). The Defendant administered a philopon by means of injecting it into the left part of the bar.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C or D;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Application of Acts and subordinate statutes to investigation reports (the attachment, etc. of photographs as a result of simplified drug examination);

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. The decision is delivered with a comprehensive consideration of the factors favorable to the defendant, such as the sentencing factors disadvantageous to the defendant and the fact that the defendant has repeatedly committed the crime of this case, even after having been sentenced to multiple punishments or suspended sentence for the same kind of crime in the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (10,000 won at the time of sale).

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