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(영문) 부산지방법원 2016.10.14 2016고단3645
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On September 2, 2010, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on September 2, 2010 and three times more of the same electricity.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On May 15, 2016, around 18:00, the Defendant administered narcotics, etc. by inserting approximately 0.05g of D apartment 104 and 2404, which is a psychotropic drug, into a single-use injection machine, and dilution with water, at around 18:00, the Defendant administered narcotics, etc. in a way of injection into a single-use injection machine.

2. At around 19:00 on June 26, 2016, the Defendant administered narcotics, etc. by inserting approximately 0.05g opphones into a single-use injection machine, dilution them with water, and injection them into arms.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Notification of the results of legal and chemical appraisal and delivery report;

1. A letter or investigation report at the time of a urine test;

1. Seizure records;

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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 sentence of imprisonment shall be imposed in light of the following: (a) the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (Scope of Recommendation), medication, simple possession, etc. (f) and the basic area (10 to 2 years) (10 to 2 years) of the Act on the Control of Narcotics, Etc. (a special form of punishment) (a decision of sentence) (a decision of sentence] that the defendant has the same criminal history four times; (b) the defendant's state of philophone addiction is not weak; and (c)

Provided, That the punishment as ordered shall be determined by taking into consideration all the circumstances, such as the defendant's time to commit a crime, the age, environment, health, family relationship, etc. of the defendant.

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