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(영문) 부산지방법원 2016.06.16 2016고단991

마약류관리에관한법률위반(향정)

Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On December 3, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court, and on December 10, 2015, the above judgment became final and conclusive on December 10, 2015 and has the same record of force four times, including that during the grace period.

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On January 25, 2016, around 23:50, the Defendant administered narcotics, etc. in a way of inserting approximately 0.14 g of c. for single-use injection, which is a local mental medicine, into a single-use injection machine, and dilution into a arms, around 1619, Busan, Busan, and c. 1619, which is a local mental medicine.

2. On March 1, 2016, around 23:50, the Defendant administered narcotics, etc. in such a way as to put about approximately 0.14g of philopon into a single-use injection device, dilution into a single-use injection device, and to injecting them into arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (the result of precise appraisal of the river);

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Articles 60(3) and 60(1)2, and 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, and selection of a sentence to imprisonment;

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. A crime for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 1850, Feb. 2, 2009) for the purpose of sentencing: (a) the subject of the aggravation (the scope of a punishment ] of types 3 (the subject of a special aggravated punishment ; (b) and c) (the subject of a suspended sentence ; (c)) the subject of the aggravation (the scope of a recommended punishment ; (b) the subject of a suspended sentence ; and (c) the subject of the aggravated punishment ; and (c) the subject of the aggravated punishment ; (c) the subject of the aggravated punishment ; (1) years to 3 years (the subject of a special aggravated punishment ; (b) the subject of a suspended sentence ; and (c) the subject of a suspended sentence ; (c) the subject of suspended sentence ; one year to 4 years and 6 months (the decision of a sentence ].