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(영문) 부산지방법원 2016.01.07 2015고단7271
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Attachment] The Defendant was sentenced to ten months of imprisonment for a violation of the Narcotics Control Act at the Busan District Court on October 26, 2012, and completed the execution of the sentence at the Busan District Court on February 5, 2013. On April 25, 2013, the same court was sentenced to ten months of imprisonment for the same crime and completed the execution of the sentence at the Busan Detention House on December 20, 2013. On April 4, 2014, the same court was sentenced to ten months of imprisonment for the same crime and completed the execution of the sentence at the Busan Detention House on October 26, 2014. On January 8, 2015, the same court was sentenced to one year of imprisonment for the same crime and completed the execution of the sentence at the Busan Detention House on November 2, 2015, and on November 2, 2015, and was punished for the same crime.

[2] Around November 11, 2015, the Defendant, who is not a narcotics handler, administered approximately 0.07 grams of Maritius, a local mental medicine medicine, on a coffee, in the mutual influorial in the Bupyeong-dong of Busan Metropolitan City, and administered approximately 0.07 grams of Maritius, etc. on a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (the result of dactine appraisal - the training of phiphones);

1. Previous convictions: Inquiry about criminal history, personal identification and confinement status, and application of statutes of each judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;

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

1. The reason for the sentencing of Article 48(1)2 and (2) of the Criminal Act / [the scope of recommendations] the basic area (10 months to 2 years to 3 types (b) and (c) of the Criminal Act / the number of self-denunciation [the person subject to special mitigation] / the same criminal record (not less than three years to 3 years of suspended sentence] / The decision of sentence is a crime during the period of the same type of repeated crime and has the same record of not less than 24 times, but considering the fact that the investigative agency surrenderss himself/herself to the investigation agency and is a simple medication case.

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