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(영문) 부산지방법원 2015.07.24 2015고단879
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on September 26, 2013 and completed the execution of the sentence at the Busan Detention Center on October 23, 2014.

1. Even if the Defendant is not a narcotics handler, on January 11, 2015, around 13:00, at the D’s coffee shop located in Seo-gu Busan, the Defendant delivered approximately 0.07 grams of psychotropic drugs, to E without compensation, and received narcotics, etc.

2. Even if the Defendant is not a narcotics handler, around January 30, 2015, at around 20:00, the Defendant 308 room in Seo-gu Busan Metropolitan City “Felel” in Seo-gu, and 0.03g philopon in a single-use injection machine, and then injected narcotics into the left part of blood, and injected them.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of E;

1. A copy of data on the details of currency;

1. A written appraisal of urine and hair;

1. Seizure records;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes making inquiries about criminal records and historical records;

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

1. The sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. shall be sentenced to imprisonment with prison labor for the accused taking into account the following factors: (a) the reason for sentencing of the proviso to Article 67 of the Act on the Management of Narcotics, Etc. [the scope of recommendations] medication, simple possession, etc.; (b) category 3 (one year to three years); (c) the aggravation area (one year to three years); (d) the previous conviction (not less than the suspension of execution within three years); (c) the defendant has already

However, the punishment as ordered shall be determined in consideration of the overall circumstances, such as the fact that the defendant is wrong and the investigation agency cooperates with the investigation.

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