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(영문) 부산지방법원 2016.12.09 2016고단4619
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

On July 17, 2015, the Defendant was sentenced to one year for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court on July 17, 2015, and on March 25, 2016, the same criminal records are added to eight times in addition to the completion of the enforcement of the sentence in the net prison.

At around 13:00 on August 7, 2016, the Defendant, who was not a person handling narcotics, injected approximately 0.03 grams of psychotropic drugs in the influorial woo-dong, Seo-gu, Busan, with water at the influorial cluor, Seo-gu, Seo-gu, Busan, and administered clophones by means of injection with the Defendant’s arms incluor using a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. An appraisal report;

1. Seizure records;

1. Before a report on criminal investigation (related to collection): The application of Acts and subordinate statutes concerning criminal records and investigation reports (limited to written judgments, etc.);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and the choice of imprisonment;

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be [the range of recommending punishment] medication, simple possession, etc. in the light of the fact that the aggravated area (one year to three years) of the category three (one year to three (one year) [the person under special guard] of the same criminal record (the decision of a suspended sentence for a period not exceeding three years] of the defendant, the fact that the defendant has many criminal records, and that it is a crime during the period of repeated crime, etc.

Provided, That a sentence lower than the recommended sentence shall be imposed by taking into consideration all circumstances, such as the fact that the defendant misleads the defendant, the fact that the defendant contributed significantly to the prevention of accidents in a detention house by taking active relief measures against other prisoners in an emergency during the confinement of a detention house, cooperation in the investigation, the defendant's age, health status, family relationship, etc.

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