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(영문) 부산지방법원 2015.08.27 2015고단3260

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 26, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on April 26, 2013, and was punished eight times on December 23, 2013 by the Busan District Court on December 23, 2013.

Criminal facts

1. At around 23:00 on May 16, 2015, the Defendant, who is not a narcotics handler, put about 0.03g of Metrophos who are psychotropic drugs (hereinafter referred to as “propopon”), was in a single-use injection machine with approximately 0.03g of Metrophos who are psychotropic drugs, and then administered narcotics, etc. by being injected to the Defendant’s Mecoposis.

2. On May 24, 2015, the Defendant: (a) around May 24, 2015, at the trade influorial telecom room located in the Nam-gu Busan Metropolitan City, Busan, the Defendant used narcotics, etc., as soon as possible, by setting the steam generated by heating the diaphone’s non-phone volume on a gambling ground, along with the non-fluor who was fluored together with the unfluored male.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of the prosecution and the prosecutor’s seal;

1. Response to the request for appraisal;

1. Previous records: Application of criminal records and investigation reports (the date of release and reporting accompanied by a certified copy of the judgment);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

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. Additional collection of the grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] Medication, simple possession, etc. 3 types of crimes (referring to 10 to 2 years) in the basic area (10 to 2 years) of the Act on the Control of Narcotics (referring to a person who is specially mitigated) / The important investigation cooperation / the scope of recommendation / the basic area (referring to 10 to 10 years of administration, simple possession, etc.) / The basic area (referring to 10 to 2 years of special mitigation) of the Act on the Control of Narcotics, etc. / The basic area (referring to 10 to 10 years of administration, simple possession, etc.) /