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(영문) 부산지방법원 2017.11.23 2017고단3961

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

subparagraph 1 of the seized evidence shall be forfeited from the accused.

Reasons

Punishment of the crime

On October 30, 2014, the Defendant was sentenced to imprisonment for a violation of the Narcotics Control Act in the Busan District Court on February 30, 2014 and completed the execution of the sentence on March 5, 2017.

Criminal facts

On July 24, 2017, the Defendant: (a) put approximately 0.07g of Mesophical drugs into a disposable injection machine; and (b) injected philophones in a toilet in a park where the name located in the Jung-gu Seoul Metropolitan Government Jung-gu is unknown even if the Defendant is not a narcotics handler; (c) put approximately 0.07g of Mesophical drugs into a disposable injection machine; and (d) injected with water; and (c) injected the phiphones into the body.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Police seizure records;

1. Each written appraisal and prosecution report;

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

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including evidence attached thereto, 19 times a year);

1. The relevant Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, Etc. for Criminal Facts, and the selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendations] / [the scope of punishment / ] medication, simple possession, etc. (1 to 3 years) in the area of aggravation (1 to 3 years), / (2) in the area of aggravation (1 to 1 year), / (3 years of suspension of execution within 3 years) of the same type of crime / [the decision of sentence] the crime related to narcotics is not easy to detect in light of its characteristics, it is not easy to detect the crime due to the high risk of recidivism, and it is highly likely that the crime has a negative impact on society as a whole due to the recidivism, toxicity, etc.

Although the Defendant had been sentenced to punishment several times for the same crime, the Defendant committed the crime of this case during the period of the same repeated crime is disadvantageous.

However, only once for a simple medication,