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(영문) 부산지방법원 2016.12.15 2016고단5324

마약류관리에관한법률위반(향정)

Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 12, 2013, the Defendant was sentenced to one year for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on September 12, 2013, and on July 8, 2014, the Defendant was a person with the same criminal records more than 12 times in addition to the completion of the execution of the sentence in the first prison for the North

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

1. On February 9, 2016, the Defendant injected D Apartment 211-dong 707, which is the Defendant’s residence in Busan Seo-gu, Busan, by inserting approximately 0.05g of psychotropic drugs, into a single-use injection machine, and dilution into the arms after dilution with water.

2. On September 10, 2016, the Defendant administered approximately 0.05g of philophones in the above place and in the above manner.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Requests for appraisal, briefing reports and notification of the results of legal and chemical appraisal;

1. A report on investigation (calculated additional charges);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the period of repeated crimes, such as judgment of the same kind);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the choice of punishment for the crime, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Additional collection for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc.: Class 1 crime [the scope of recommendations] / 1 to 4 years / 6 of the Act on the Control of Narcotics, etc.; the method of final sentence due to the aggravation of multiple crimes [the range of recommendations] the aggravated area (one year to 3 years), the aggravated area (one year to 1 year and 3 years of suspension of execution) of the same criminal record (the scope of recommendations), the aggravated area (one year to 1 year and 3 years of suspension of execution) of the same criminal record (the person under special circumstances) / the aggravated area (one year to 3 years of suspension of execution within 3 years) of the same criminal record (the decision of sentence of sentence of this case]; and in particular, each of the crimes in this case is very same period of repeated crime.