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(영문) 부산지방법원 2016.01.14 2015고단7775

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

from the defendant.

Reasons

Punishment of the crime

[criminal history] On December 9, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (competence) at the Busan District Court on December 9, 201, and on October 21, 2012, the Defendant was punished five times for the same kind of crime, including the termination of the enforcement of the sentence at the Busan Detention Center.

[Criminal facts]

1. Although the Defendant is not a narcotics handler, on March 2015, the Defendant injected narcotics, etc., after inserting approximately 0.03g of the Meet ambane (one philopopon), which is a local mental medicine, into a single-use injection machine, and mixing them with water, into the mepopic bloodline.

2. Even if the Defendant is not a narcotics handler, on November 10, 2015, around 19:00, at the Defendant’s house located in Busan Jin-gu C and A 211, the Defendant injected approximately 0.03 grams of phiphonephones in the same manner as the indicated in paragraph 1, and administered narcotics.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. Each response to a request for appraisal;

1. A previous conviction: A written inquiry about criminal history and the application of Acts and subordinate statutes;

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 (limited to crimes falling under Article 1 of the Judgment);

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 first-class crime for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of a recommendation), medication, simple possession, etc. (the scope of a punishment) in the area of aggravation (one to three years) of the three types of crimes (one to three years of special aggravation) [the scope of a punishment] in the basic area (one to two years of recommendation) of the three types of crimes (the scope of a punishment), the basic area (one to two years of special sentencing) of the three types of crimes (the scope of a punishment), medication, simple possession, etc. (the person who is subject to special sentencing): the criminal history of the defendant, part of the defendant's crime, the fact that it is a crime during the period of identical repeated crimes, and the matter of simple medication.