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(영문) 부산지방법원 2013.06.13 2013고단2485
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 30, 2010, the Defendant sentenced 4 months to imprisonment for violation of the Act on the Control of Narcotics, etc. at the Gwangju District Court on November 30, 201, and completed the execution of the sentence in the Gwangju Prison on December 31, 2010.

Defendant is not a narcotics handler.

On April 21, 2013, at around 22:30, the Defendant administered an apartment house C, 101-dong 1309-dong 1309-dong Do, Busan, by mixing approximately 0.1g of the psychotropic drugs delivered from D with trophos (one philopon) in a trophical substance ( approximately 100mg), and administering them in a way of injection to the Defendant’s stroke blood transfusion through a sprinklering ice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Police seizure records;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Investigation report (the result, etc. of precise appraisal of the river);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to the same kind of ruling and current status of personal identification);

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won at the time of sale) is that the defendant was sentenced to a criminal of the same kind and again committed the crime of this case during the period of the repeated crime, and thus, the defendant committed the crime of this case disadvantageous to the defendant. It is so decided as per Disposition by comprehensively taking into account the factors favorable to the defendant, such as the factors that

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