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(영문) 부산지방법원 2016.09.30 2016고단2886
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

[criminal history] On February 6, 2013, the Defendant was sentenced to one year for a violation of the Punishment of Violences, etc. Act at the Busan District Court (joint injury) and completed the execution of the sentence on December 5, 2013. On January 23, 2014, the Defendant was sentenced to three years of suspension of execution and was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court, and the said decision became final and conclusive on February 4, 2014.

In addition, on March 24, 2016, the Busan District Court sentenced ten months to a violation of the Act on the Control of Narcotics, etc. (the detention was revoked on April 1, 2016) (in the case of detention, the detention was revoked on April 1, 2016). In addition, on June 28, 2016, the records of the same crime of narcotics were more than three times.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, around 04:00 on May 27, 2016, the Defendant administered narcotics, etc. by inserting approximately 0.07 gg of Melopon (one philopon; hereinafter referred to as “philopon”), which is a local mental medicine, into a single injection machine, and dilution with water, in a way of injecting them into arms.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the result of legal and chemical appraisal (urine or hair);

1. Written statement of the prosecutor’s office of defense counsel;

1. Investigation report (data on real-time location of personal phones);

1. Seizure records;

1. For each previous criminal record indicated in a criminal investigation report (related to collection): The inquiry of criminal history, the number and acceptance status of each individual, each judgment, the detailed inquiry of each case, and the application of Acts and subordinate statutes; and

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. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Sentencing Criteria: The sentencing criteria shall not apply to single concurrent offenders after Article 37 of the Criminal Act;

2. Determination of sentence:

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