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(영문) 부산지방법원 2013.05.09 2013고단212
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

On September 17, 2009, the Defendant was sentenced to one year and two months for violation of the Act on the Control of Narcotics, Etc. in Busan District Court on September 17, 2009, and completed the execution of the sentence in the Ansan Prison on July 25, 2010.

Defendant is not a narcotics handler.

1. On August 2012, the Defendant sold approximately 0.06g of psychotropic drugs, which were psychotropic drugs in cash of KRW 200,000,00 from F, from the 1st floor underground of the transmitting city, 2,000,000 under the south-gu, Busan, Busan, and stored in white paper (hereinafter “clopon”).

2. On August 2012, 2012, the Defendant sold 200,000 won in cash from F on the first floor of the entrance 2, 2000,000 underground of the said EN Station, and sold 0.06g of philopon, which is sealed on a white paper.

3. On December 28, 2012, at around 10:00, the Defendant put about approximately 0.06g of penphonephones into a single-use injection machine within the Defendant’s residence located in Nam-gu Busan Metropolitan City, and dilution with aquatic products, and administered them in a way of injection into his left arms bloodline.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness F;

1. Partial statement of the suspect examination protocol of the defendant by the prosecution;

1. The prosecutor's statement concerning the F;

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

1. Investigation report (Hearing statements, etc. of witnesses);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (unified criminal records, report on results of confirmation, and confirmation of the fact of release);

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

1. The defendant in the reason for sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the market price of 100,000 won for a single medication under paragraph (3) of the judgment of 400,000 won for sales proceeds under paragraphs (1) and (2) of the same Article)

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