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(영문) 부산지방법원 2016.02.26 2015고단7776
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 September 14, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on February 2, 2013, and completed the execution of the sentence at the Busan District Court on October 15, 2014, and was sentenced to one year for the same crime at the Changwon District Court on October 14, 2015, and was sentenced to one year for the same crime at the Changwon District Court on May 14, 2015, and was sentenced to four times of punishment for the same crime.

Although the Defendant is not a narcotics handler, on November 18, 2015, around 10:00, around 504 “D Hospital” located in the Geum-gu Busan Metropolitan Government C, and around 0.03g of the mecopic amblopon (one philopon (one philopon) which is a local mental medicine medicine, was put in a single-use injection machine, mixed with water, and administered narcotics.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Data on response to requests for appraisal, photographs of medication, and details of reports made under 112;

1. Seizure records;

1. Previous records on investigation reports (additional collection): Inquiries about criminal records and the application of Acts and subordinate statutes to inquire about criminal records;

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by imprisonment;

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

1. The sentence of imprisonment shall be imposed in light of the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc., of the types of three types (b) (one month to one year and six months) in the mitigation area (special mitigation) [the person subject to special mitigation], the self-denunciation, the important cooperation in investigation, the same kind of criminal records and the same criminal records (not less than three years of suspended sentence] of the defendant four times, and the fact that the defendant has the same criminal history during the period of repeated crime, etc.

However, all the circumstances, such as the fact that the defendant voluntarily surrenders, the fact that the defendant cooperates in a serious investigation, the fact that the health condition is not good, the reflection, the age, environment, health, family relationship, etc. of the defendant shall be considered.

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