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(영문) 부산지방법원 2017.04.28 2016고단7501

마약류관리에관한법률위반(향정)등

Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 16, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Ulsan District Court on the part of January 16, 2015 and completed the execution of the sentence at the first intersection of the North Korean Dos on August 21, 2016.

1. Notwithstanding that the Defendant is not a narcotics handler, on November 14, 2016, at around 15:00, the Defendant administered phiphones by dilution 0.03g of approximately 0.03 g (hereinafter referred to as “phiphones”), which is a local mental medicine medicine, in a toilet located in the Busan East-gu, Busan Metropolitan City, around November 14, 2016.

2. Around 20:40 on the same day, the Defendant intruded the victim F (n, 45 years of age) located in Busan East-gu, Busan-dong-gu, and opened and intruded the entrance that was not corrected.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F;

1. A statement prepared in F;

1. A criminal investigation report (3,22 times a month), each photograph, each record of seizure, a list of seizure and an appraisal report;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (20 times a year), text of the judgment, and application of Acts and subordinate statutes concerning personal confinement;

1. Selection of imprisonment with prison labor under Article 60(1)2, Article 4(1)1, and subparagraph 3(b) of Article 2 of the Criminal Act concerning facts constituting an offense; Article 319(1)2, Article 60(1)3, and Article 4(1)3(b) of the Act on the Selection of Narcotics, Etc.

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. The portion not guilty under Article 51 of the Criminal Act, including the fact that it is a repeated crime of the same kind for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., and that it does not entirely reflect the fact of intrusion upon residence, and that it is a single medication, and its degree is minor.

1. The prosecutor of the facts charged in this part of the facts charged reveals that the Defendant, around November 14, 2016, was in the F’s house located in Busan Dong-gu, Busan (hereinafter “instant house”) and opened an entrance and opened a non-rectible door in excess of the office fence and intruded into the victim’s plan.