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(영문) 부산지방법원 2016.06.02 2016고단746

마약류관리에관한법률위반(향정)

Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On November 21, 2014, the Defendant was sentenced to imprisonment for one year with labor for a violation of the Narcotics Control Act at the Busan District Court on the part of November 21, 2014, and on January 4, 2015, the same criminal records were nine times more than the end of the execution of the sentence in Busan Correctional Institution.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, around February 14, 2016, received approximately 0.05 grams of Metepopa (one philopopon; hereinafter “philopon”), a local mental medicine, from E, around February 20, 2016, from around 20:0, the Defendant administered a philopon by means of inserting the melopopon into the melopic in the single-use machine and dilution it with water to injection it into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (Attachment of the result of precise appraisal of a lawsuit);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence, identification of each individual and status of confinement;

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by 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, Feb. 29, 201; 201; 3.2.) in consideration of the following facts: (a) important cooperation in investigation in the basic area (referring to a person who is subject to special mitigation (special mitigation) from October to two years); (b) previous crimes of the same kind (limited to a suspended sentence for not more than three years) during the period of the same type of repeated crime; and (c) active cooperation in investigation, including the fact that the sentence is a crime during the period of the same type of repeated crime