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(영문) 부산지방법원 2012.04.20 2012고단384

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 11, 2009, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court’s Dong Branch, etc., and completed the execution of the sentence on May 9, 201. On November 3, 2011, the Defendant was sentenced to ten months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) at Busan District Court’s Busan District Court’s District Court’s Busan District Court’s 201, and the judgment became final and conclusive on March 26,

On May 21, 201, around 21:00, the Defendant injected approximately 0.03g of psychotropic drugs per time into a single-use injection machine (one-time penphone) and injected them into the left arms of the Defendant.

Summary of Evidence

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. Each request for appraisal;

1. A report on investigation (calculated additional charges);

1. Previous records: Criminal records, previous records, results of confirmation before and after dispositions, reporting on investigation (the date of confirmation of the date of release from a court, attachment of judgment, attachment of narcotics cases, and attachment of judgment);

1. Relevant Article of the Criminal Act and Articles 60 (1) 3, 4 (1), and 2 subparagraph 4 (b) of the Act on the Control of Narcotics, Etc., for the elective Punishment of Crimes;

1. Article 35 of the Criminal Act among repeated offenders (Article 35 of the Act on the Control of Narcotics, etc.)

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the crime of violation of the Punishment of Violences, etc. Act, which has become final and conclusive in a judgment, and mutual relation);

1. The scope of sentencing guidelines for sentencing provided for in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is a repeated offense, and there are unfavorable circumstances such as the fact that a criminal defendant committed again during the period during which the same kind of crime is suspended, the fact that a criminal is denied without reflection. However, considering the fact that the crime of this case is in a concurrent crime under the latter part of Article 37 of the Criminal Act with regard to a violation of the Punishment of Violences, etc. Act (joint injury) for which the judgment of this case

Items c) and c.

'Before the end of the year', three years before the end of the year.