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(영문) 광주지방법원 장흥지원 2016.01.14 2015고단159
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two months.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on December 6, 2012, and completed the execution of the sentence at the first intersection of North Korean Dos on January 4, 2014. On August 21, 2014, the former District Court sentenced two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the former District Court on November 15, 2014, and the said judgment became final and conclusive and conclusive on November 15, 2014, and is currently in the execution of the sentence at the Bapo Prison.

【Criminal facts】 The Defendant is not the handler of narcotics

Nevertheless, on February 14, 2014, at around 14:00, the Defendant parked a numberless white car with D in the vicinity of the Busan Eastdong-gu C, Busan. Around February 2, 2014, the Defendant purchased in advance from a person in the name in the above passenger car and administered them by means of inserting approximately 0.13g of Metepop (one philopon) for a disposable injection machine, which is a local mental medicine that he purchased in advance from the person in the above passenger car, and in a way of injection with the Defendant’s arms after dilution with water.

Summary of Evidence

1. Part of the Defendant’s legal statement (the Defendant denied the instant crime, but comprehensively taking account of the consistent statement by witnesses E, and the results of appraisal by the National Institute of Scientific Investigation, the instant facts charged are fully found guilty)

1. Legal statement of witness E;

1. Statement made by the police for E;

1. A report on investigation (limited to attachment of copies of a report on investigation and an appraisal of the maternity of narcotics), a report on investigation (additional imposition), and a portion of the price of cancer of narcotics in the monthly trend of narcotics, etc.;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, written judgments, personal identifications, and current status of expropriations;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Circumstances unfavorable to the reasons for sentencing under the proviso to Article 67 of the Act on the Management of Narcotics, Etc.: It constitutes a repeated crime of the same kind, and it is several times for crimes related to narcotics, in addition to the criminal offense.

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