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(영문) 부산지방법원 2015.10.22 2015고단5721
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal power] On March 29, 2013, the Defendant was sentenced to one year and two months as a crime of violating the Act on the Control of Narcotics, Etc. at the Busan District Court on January 19, 2014 and was punished five times for the same crime, including the completion of the execution of the sentence in the Busan Detention House on January 19, 2014.

【Criminal Facts】

1. On April 2014, the Defendant: (a) received approximately 0.07gggggg of psychotropic drugs from E, which is psychotropic drugs, at the seat of the Doetype, near the Doetype C; (b) stored them in a single-use injection machine; and (c) injected narcotics, etc., after mixing them with water, in a single injection room, at the bar near the Doetype C, the Defendant administered them.

2. Even if the Defendant is not a narcotics handler, around September 23, 2015, around September 23:00, the Defendant administered narcotics, etc. by taking approximately 0.07 grams of philopon in the trade in the Moradong-dong, Busan, and in the same manner as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A certified copy of each prosecutor's statement concerning E;

1. Seizure records;

1. Investigation report (training of phiphonephones as a result of dial examination);

1. Previous convictions indicated in judgment: Application of criminal records and investigation records and Acts and subordinate statutes;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Additional collection for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: Class 1 crime [the scope of recommendations] , medication, simple possession, etc. 3 (one year or 3 years) of the aggravated area (one year or 3 years) of the Act on the Control of Narcotics, etc. / [the scope of recommendations] / the aggravated area (one year or 3 years) of the aggravated area (one year or 1 year or 3 years of probation) of the same criminal record (one year or 3 years of probation), medication, simple possession, etc. (one year or 4 years of probation) of the same criminal record (not more than 3 years of probation): one year or 4 years and 6 months [the decision of sentence] of the same Act.

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