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(영문) 부산지방법원 2016.04.07 2015고단6494

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

202,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On July 11, 2014, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on November 19, 2014, and was punished for the same kind of crime on November 19, 2014.

[Criminal facts]

1. Violation of the Narcotics Control Act;

A. Even if the Defendant is not a narcotics handler, on September 25, 2015, at around 17:00, the toilets for the apartment buildings located in Busan-gu Busan-gu, Busan-do, for the meconthic medicine (hereinafter “philopon”).

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.

B. Although the Defendant is not a narcotics handler, on September 28, 2015, around 18:00, the Defendant administered narcotics, etc. by taking approximately 0.03 grams of philopon in the E bathing beach located in Busan Shipping Daegu D, and in the same manner as the written in paragraph 1.

2. On September 28, 2015, the Defendant violated the Narcotics Control Act (marijuana) around 20:00, in G parks located in F of the Busan Suwon-gu around Busan-gu, put his/her arms into the G Park and put in the marith and put the mari in it and smoked marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Notification of the result of legal and chemical appraisal;

1. Previous convictions: References about criminal history, investigation reports (Attachment of court records, etc.); 4 copies of court rulings; and application of Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control 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. It is important that the basic area (from October to 2) (special mitigation (special mitigation (aggravating) of the category 3 (b) and the basic area (i.e., administering, simply carrying, etc.) for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.