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(영문) 부산지방법원 2015.12.22 2015고단6367

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 18, 2012, the Defendant was sentenced to six months by the Ulsan District Court for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and completed the execution of the sentence on April 16, 2013. On January 6, 2011, the Busan District Court sentenced three times the same criminal records such as imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (fence), which was sentenced to a suspended sentence of two years in October, 201.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On January 1, 2015, the Defendant, at the “Eju shop” kitchen operated by the Defendant’s woman-friendly zone D in Busan Shipping Daegu C, injected the psychotropic drugs into water at the kitchen of the “Eju shop,” and administered phiphones by means of infecting the psychotropic drugs into water (i.e., one-time popon; hereinafter “copon”).

2. The Defendant from around September 7, 2015

9. By August 1, 18:00 between the Defendant and Busan Shipping Daegu F and the Defendant’s residence located on the first floor, administered phiphonephones in a way of dilution with a single scopon in the coffee.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Part of the prosecutor's protocol of examination of the defendant

1. Each statement of D;

1. Response to the request for appraisal;

1. Seizure records;

1. Investigative report (the content of text messages, the vaccination country of phiphone medication, photograph of the head of the phiphone medication, and data on the contents of conversations);

1. Previous records before a report on investigation (in relation to collection): The application of criminal records, the number of personal records and the current status of confinement, and Acts and subordinate statutes to report criminal investigations;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. [the scope of recommending punishment].