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(영문) 부산지방법원 2016.08.11 2016고단2942

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 history] On February 21, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on one year and four months, and on February 5, 2015, the Defendant had the same power nine times in addition to the completion of the execution of the sentence at the Busan Detention Center.

[Inasmuch as the Defendant is not a narcotics handler, around May 27, 2016, the Defendant administered narcotics, etc. by inserting approximately 0.05 g of Mesophical drugs in the “DMoel” located in Busan Northern-gu, Busan-gu, and inserting them into a single-use injection machine and dilution them with water.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Each explanatory note (the result of the urine legal and chemical appraisal, the results of the arctal appraisal);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation of the period of repeated crime and attachment of related sentences);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

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. [the scope of recommended punishment] Medicationing, simple possession, etc. of the types of three types (one year to three years) (one year to three years) in the area of aggravation (one year to three (one year) in the area of aggravation) [a person to be specially aggravated] the previous conviction (a decision to suspend the execution within three years) [a decision to suspend the execution within three years]), the fact that the person was a criminal during the period of the same type of repeated crime, the fact that the person has very same power, and the fact that