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(영문) 부산지방법원 2016.02.18 2015고단8701

마약류관리에관한법률위반(향정)

Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Ulsan District Court on January 21, 2015 and was sentenced to nine times of punishment for the same kind of crime on September 27, 2015, including the termination of the enforcement of the sentence at the Busan Detention Center.

[2] Even if the Defendant is not a handler of narcotics, the Defendant administered narcotics, etc. by using a disposable injection device, such as injection in the Defendant’s body or drinking in drinking water, etc., between December 12, 2015 and December 22, 2015, from around December 08, 2015 to December 22, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. The pictures of text messages as a result of the climatic appraisal;

1. Previous convictions in judgment: One copy of inquiries about criminal history, text of judgment, and application of Acts and subordinate statutes of one copy;

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;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: (a) the area of aggravation (one year to three years), the area of aggravation (one year to three years), the area of aggravation (the period of suspension of execution within three years) of the said type (the period of suspension of execution within three years) (the period of suspension of execution within three years) is a simple one-time medication case; (b) the confession of all criminal facts in court; and (c) the criminal records, etc. of the Defendant;