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(영문) 부산지방법원 2015.06.25 2015고단2797
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 3 or 4 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

On July 5, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence in the Busan Correctional Institution on February 22, 2014.

Criminal facts

1. Around 02:00 on March 13, 2015, the Defendant administered narcotics with approximately 0.05 grams of psychotropic drugs, at the Defendant’s home located in Busan Dong P, and administered the Mauritius narcotics, etc., under the influence of alcohol.

2. Even if the Defendant is not a narcotics handler, on March 17, 2015, around 08:30, the Defendant possessed narcotics, etc. by inserting approximately 0.09gg of the total opphones contained in the R Office located in Q in Busan Jung-gu, Busan, and divided into three types of disposable injection machines.

Summary of Evidence

1. Defendant's legal statement;

1. Response to the request for appraisal;

1. Seizure records;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

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 and Article 38 (1) 2 of the Criminal Act;

1. The main sentence of Article 67 of the Narcotics Control Act;

1. Additional collection of the Act on the Control of Narcotics, etc.: The second crime that has no basic area (10 to 2 years) (10 to 10) of Types 3 (10 to 2) of the Act on the Control of Narcotics, Etc. for the Sentencing reasons under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [the scope of recommending punishment] the basic area (10 to 2 years) of medication, simple possession, etc. (10 to 10 years) of types 3 (10 to 2 years) of the basic area (10 to 10 years) of the Act on the Control of Narcotics, etc. for the Aggravated Punishment, etc. of Narcotics, etc. (10 to 3 years of sentence]. In particular, the crime of this case takes into account the fact that it is a crime committed during the period of repeated crime as an unfavorable sentencing factor in consideration of the fact that it is a crime committed during the period

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