beta
(영문) 부산지방법원 2016.04.07 2015고단8571

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 records] The Defendant was sentenced to two years of imprisonment with labor for a violation of the Narcotics Control Act at the Ulsan District Court on January 24, 2014, and was sentenced to six times of imprisonment with labor for the same kind of crime in the Ulsan District Court on July 18, 2015 and completed the execution of the sentence at the Ulsan District Court on July 18, 2015.

[2] Although the Defendant is not a narcotics handler, around December 13, 2015, at the Defendant’s house located in Busan Shipping Daegu C around December 13, 2015, the Defendant administered approximately 0.03 grams of Maritius, a local mental medicine, on a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. An investigation report (Notification of text messages as a result of the prejudice appraisal);

1. Previous convictions: Inquiries about criminal history, investigation reports (Attachment of the text of the judgment), and inquiry about the details of identifications, and the application of statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment);

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

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2010, Jan. 1, 201; Presidential Decree No. 2010, Feb. 29, 201; Presidential Decree No. 2010, Feb. 29, 201; Presidential Decree No. 2010, Feb. 29, 201; Presidential Decree No. 2010, Feb. 22, 2011; Presidential Decree No. 2010, Feb. 3, 2011; Presidential Decree No. 2013