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(영문) 부산지방법원 2015.05.21 2015고단386

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 power] On February 28, 2014, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on February 28, 2014, and was punished for the same crime on October 29, 2014, including the completion of the enforcement of the sentence in the Busan Correctional Institution.

【Criminal Facts】

At around 15:00 on January 11, 2015, the Defendant, who is not a narcotics handler, injected approximately 0.03g of DNA 302 in Seo-gu Busan Metropolitan City, psychotropic drugs, in a single-use injection machine, added approximately 0.03g of psychotropic drugs, added them into the psychotropic drugs, mixed water, and injected them into the sponphone, and injected approximately 0.03g of opphones in the same way.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Results of appraisal of narcotics:

1. Previous records: Application of criminal records and investigation reports (the date of release, confirmation of the date of release and report accompanied by a copy of the judgment);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

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

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

1. The reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] Medication, simple possession, etc., in consideration of the fact that the basic area (10 to 2 years from the date of special mitigation) (10 to the date of special mitigation] of the Act on the Control of Narcotics, etc. / The decision of sentence / the defendant's criminal history, frequency of medication, and cooperation in the arrest of merchant E