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(영문) 부산지방법원 2016.06.16 2016고단1237

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

[criminal history] On January 30, 2015, 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 on January 30, 2015, and on January 31, 2016, at the first intersection of the North Korean Dos, on two occasions more than the completion of the execution of the sentence.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, around 01:0 on March 12, 2016, the Defendant administered narcotics, etc. by inserting approximately 0.03g of Mesofts (one philophones), which are a local mental medicine, into a single-use injection machine, and dilution them with water, and then injection them into arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Seizure records;

1. Investigation report (the result of precise appraisal of the river);

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Articles 60(3) and 60(1)2, and 4(1)1 and subparagraph 3(b) of Article 2 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. (amended by Presidential Decree No. 2010, Jan. 1, 201; 201; 3.00; 3.00; 3.00; 4.0; 4.0: (1) of the Act on the Control of Narcotics, Etc. and Additional Collection (amended by Presidential Decree No. 2060, Feb. 1, 201; 3.00; 4.00; 4.00; 4.00; 4.00; 4.00; 4.0