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(영문) 부산지방법원 2016.05.03 2016고단1260

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

[criminal history] 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 June 26, 2014, and was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act at the same court on April 3, 2015, and on April 9, 2015, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on April 26, 2015, and had the same record as other than the completion of the execution

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

1. The Defendant from around February 5, 2016

2. From the 15th day to the point of residence of D located in Busan Shipping Daegu C, the narcotics were administered by inserting approximately 0.03 g of Melopic clopon (one philopon; hereinafter referred to as “philopon”) which is a flopic mental medicine acquired from D into a single-use injection machine, and dilution with water and injection into arms.

2. On March 8, 2016, around 23:30, the Defendant administered narcotics, etc. by inserting approximately 0.03g gopon into a single-use injection machine, dilution with water at the Defendant’s residence located in Geum-gu, Busan, and then injection into the arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (the result of a minor close inspection);

1. Each response to each request for appraisal (intestines, hairs - each training);

1. Previous convictions: Inquiry about criminal history, investigation report (date of release and confirmation of repeated crime) and application of statutes of 4 copies of the judgment;

1. Article 60 (1) 2, Article 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 (or 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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Type 1 of the Act on the Control of Narcotics, Etc. for Sentencing reasons under the proviso to Article 67 (1) of the Act on the Control of Narcotics, Etc. (the scope of a recommendation), medication, simple possession, etc. (the scope of a punishment), the subject of the aggravated punishment (one to three years) (one to three years), and the subject of the aggravated punishment (the subject of a special aggravated punishment) of the same type (the subject of a suspended sentence for not more than three years) [the scope of a recommendation] medication, simple possession, etc.