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(영문) 부산지방법원 2015.11.20 2015고단5831

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On December 18, 2012, the Defendant was sentenced to a suspended sentence of two years for a year in violation of the Act on the Control of Narcotics, etc., at the Changwon District Court's Jinju on December 18, 2012.

The defendant is not a person handling narcotics.

On May 2, 2015, at around 12:00, the Defendant, at the first floor male toilet of D Hospital in Jinju-si, Jin-si, Jinnam-do, dumped approximately 0.03g of psychotropic drugs in water, and administered philophones by using a disposable injection device for the Defendant’s arms to injecting.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A report on investigation (a written appraisal of hair);

1. Protocol of seizure (No. 2 No. 1);

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. [the scope of recommending punishment] medication, simple possession, etc., of Type Three (1 to 3 (1 year and 3 (2)) of the Act on the Management of Narcotics, Etc.] of the same criminal record (a person under special jurisdiction] [the decision of a suspended sentence for a period of not more than three years] of the same criminal record (a person under special jurisdiction] [the decision of a suspended sentence for a period of not more than three years] of the defendant committed the crime of this case again even if he had already been subject to two suspended sentence for the same kind of crime

However, in consideration of the fact that the defendant's same military force is two times and the period of suspension of execution of the same crime has already passed, that the defendant reflects the defendant, that the defendant's health, family relationship, etc., the above recommended sentence is somewhat lower than