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(영문) 부산지방법원 2015.12.17 2015고단7126

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 power] On August 14, 2014, the Defendant was sentenced to one year and four months as a crime of violating the Act on the Control of Narcotics, Etc. at the Busan District Court on August 14, 2014, and was sentenced to nine times punishment for the same crime.

【Criminal Facts】

On October 29, 2015, the Defendant: around 00:30 on October 29, 2015, put about 0.03g of psychotropic drugs in the Damo-in care room located in Busan, Busan, for a single-use injection machine; then, put about 0.03g of psychotropic drugs in a single-use injection machine, mixed with water, and administered narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Photographs of text messages as a result of the precise examination of the base;

1. Previous convictions indicated in judgment: Application of criminal records and investigation records and Acts and subordinate statutes;

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. The reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] Medication, simple possession, etc., and the consideration of the basic area (10 to 2 years) (10 to 3 years) of the Act on the Control of Narcotics, etc. / The number of self-denunciation / the same criminal record (in a case where the sentence is not more than 3 years of suspended sentence] / the defendant's criminal records, the fact that the sentence is a crime during the same kind of repeated crime period