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(영문) 부산지방법원 2016.10.21 2016고단4570

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 Power] On July 24, 2015, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on July 24, 2015, and on June 22, 2016, in addition to the completion of the enforcement of the sentence, the same kind of power is seven times more.

【Criminal Facts】

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

1. On June 23, 2016, at around 21:00, the Defendant administered narcotics, etc. by inserting approximately 0.03 g of the psychotropic drugs, in a single-use injection machine, and melting them into the psychotropic drugs in accordance with the method of injecting approximately 0.03g of the psychotropic drugs (i.e., a single-use clopon; hereinafter “copon”).

2. On August 13, 2016, around 22:00, the Defendant administered narcotics, etc. in a way of inserting approximately 307 ghonphones into a single-use injection machine and 0.03 gonphones into a single-use injection machine and melting them into the blood transfusion in the water.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. G statements;

1. Investigation report (report on the result of a prejudice appraisal), and response to a request for appraisal (receed);

1. Seizure records;

1. Previous records before a criminal investigation report (related to collection): The application of criminal records, the number and confinement status of each individual, and criminal investigation reports (verification of repeated crimes, such as rulings of the same kind), statutes;

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 Control of Narcotics, Etc. [the scope of recommending punishment] medication, simple possession, etc., of Type 3 (The 10 to 2 (10 months) in the basic area (the 10 to 2) of the Act on the Control of Narcotics, Etc. / The decision of sentence] self-denunciation / the same criminal record (the 3 years to 3 years or less) in the same criminal record (the decision of sentence] has many criminal records for the defendant, and in particular, the defendant is a criminal committed during the period of repeated