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(영문) 부산지방법원 2015.08.27 2015고단4564
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

420,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On April 25, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on April 25, 2012, and was punished for the same crime in the prison on March 6, 2014 and six times of the record.

【Criminal Facts】

1. On October 21, 2014, around 22:55, the Defendant sold approximately 0.2 grams of psychotropic drugs to E, a psychotropic drug, for sale in 220,000 won.

2. On October 23, 2014, around 19:00, the Defendant, who is not a narcotics handler, put about about 0.03g of the mutual influoral male toilets located in Geum-gu Busan Metropolitan City, into a single-use injection machine, 0.03g of philophonephones into a single-use injection machine, and injected narcotics into the Defendant’s arms.

3. Even if the Defendant is not a narcotics handler, around 05:00 on July 13, 2015, the Defendant administered approximately 0.03 grams of philopon on a coffee at the Groat center located in F of Busan Geum-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police interrogation protocol concerning E;

1. A certified copy of the judgment; and

1. Seizure records;

1. Notification of the result of legal and chemical appraisal;

1. Previous records: Application of criminal records and investigation reports (the date of release and reporting accompanied by a certified copy of the judgment);

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. Type 2 (1 year and 6 months to 4 years) in the aggravated area (1 year and 6 years) of the Act on the Control of Narcotics, Etc. for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., such as the sale, purchase, brokerage, etc. (the scope of recommendations), Category 3 (b) and 2 (the scope of recommendations), such as medication, simple possession, etc.

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