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(영문) 부산지방법원 2016.09.29 2016고단2411

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on December 13, 2012 and completed the execution of the sentence at the Southern Prison on December 6, 2013. On November 13, 2014, the same court was sentenced to imprisonment with labor for a violation of the Narcotics Control Act, and completed the execution of the sentence on May 24, 2015. On September 17, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on December 13, 2012, and was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on March 31, 2016, and was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on March 31, 2016, and the execution of the sentence at the Busan Detention House on November 13, 2014.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, on April 24, 2016, received approximately 0.03 g of the Mecoptopy (one philop, hereinafter “philopopon”), which is a local mental medicine, in front of the business name in Busan Shodong-gu, the Defendant administered 0.03g of the Mecopon in a way that he/she injecteds 0.03g of the Mecopon with the Defendant’s arms using the Mecopterter around May 9, 2016, which is a residence of the suspect around the new wall, with the 308 Busan Busan Shodong-gu 308 Dong1212, which is a residence of the suspect on May 9, 2016, by dilutioning the above 0.03g of the Mecopon into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (the results of precise appraisal - the both sides);

1. Report on investigation (related to the claim for an additional collection charge and collection preservation order);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (formers and court rulings), number of individuals and current status of confinement;

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by imprisonment;

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

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

1. Three types of crimes (the scope of recommendations), medication, simple possession, etc. for the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: