beta
(영문) 부산지방법원 2016.01.07 2015고단6583

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 history] On August 9, 2013, the Defendant was sentenced to one year and two months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court, and on December 14, 2013, the Defendant was punished for the same kind of crime.

[Criminal facts]

1. Even if the Defendant is not a narcotics handler, the Defendant’s house located in the Defendant’s house located in Yangsan-si Co. 301 dong 108 around September 2015, 2015, which is a local mental medicine patient (hereinafter “clopon”).

D.03g of approximately 0.03 grams were collected in a single-use injection machine and mixed with water, and administered narcotics, etc. after being injected to the left bloodline.

2. Although the Defendant is not a narcotics handler, on October 6, 2015, the Defendant injected approximately 0.03 grams of philopon at the same place as indicated in paragraph (1) around October 16, 2015, and administered narcotics.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Contents of text messages as a result of the precision appraisal of the river;

1. A previous conviction: A written inquiry about criminal history and the application of Acts and subordinate statutes;

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

1. For the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., the scope of final sentence pursuant to the aggravated punishment [one year to three years] in the area of aggravation (one year to three years), such as medication, simple possession, etc. (the scope of a punishment) of the category 3 (the determination of sentence; b., and c.) [special aggravation] in the area of aggravation (the scope of a punishment recommended] in the area of aggravation (one year to 3 years), in the area of aggravation (the scope of a punishment; b. and c.) of the category 3 (the scope of a recommendation] in the area of aggravation (one year to 1 year to 3 years), in the area of aggravation (the person of special aggravation] in the area of punishment (the suspension of execution within 3 years) in the area of a majority offense: one year to 4 years [the determination of sentence] in the same category of repeated crime, the criminal history of the defendant, and the criminal history of each of the instant crimes;