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(영문) 부산지방법원 2016.02.18 2016고단7

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1 or 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

[criminal history] On January 10, 2014, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on November 24, 2014, and was punished for the same kind of crime on November 24, 2014.

[Criminal facts]

1. Even if the Defendant is not a narcotics handler, the Defendant: (a) around 10:30 on December 22, 2015; (b) No. 803 of the DNA telecom in Busan East-gu, Busan-gu; and (c) Meblopon, a local mental medicine, (hereinafter “philopon”).

A summary 0.05g was put in a disposable injection machine and mixed with water, and then administered narcotics, etc. after being injected to the left bloodline.

2. Although the Defendant is not a narcotics handler, on December 22, 2015, the Defendant injected approximately 0.05 grams of philopon at the same place as indicated in paragraph (1), around 13:0 to 14:00, in the same manner as indicated in paragraph (1), and administered narcotics.

3. Even if the Defendant is not a narcotics handler, on December 22, 2015, around 17:40, at the F police station criminal watch room located in Busan Dong-gu, Busan, the Defendant possessed narcotics by inserting approximately 0.4g gramphones into a bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Photographs of text messages as a result of each appraisal;

1. Previous conviction: A written inquiry about criminal history and personal identification, and application of the text of the judgment;

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

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The number of self-denunciation of crimes in Class 1 [the scope of recommendations] for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for the Reasons of Sentencing, and the basic area (10 to 2 years) (10 to 3 years) of the Act on the Control of Narcotics, Etc. (the scope of recommendations] / The number of crimes in Class 2 of the same previous criminal records (the period of suspended execution for not more than 3 years) / the number of self-denunciation / the number of crimes in the basic area (the scope of recommendations) (10 to 2 years) of the Act on the Control of Narcotics, etc. / The number of self-denunciation of crimes in Class 3 (the scope of recommendations / the number of persons subject to special mitigation) / [the number of persons subject to special mitigation