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(영문) 부산지방법원 2015.09.24 2015고단3248
마약류관리에관한법률위반(향정)
Text

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

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On May 10, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on May 10, 2013, and was punished for the same kind of crime on August 28, 2013, including the completion of the execution of the sentence in the Busan Detention Center.

Criminal facts

1. While the Defendant is not a narcotics handler, on June 2014, at D’s house located in Nam-gu Busan Metropolitan City, the Defendant injected approximately 0.05 grams of psychotropic drugs, psychotropic drugs, psychotropic drugs, in a single-use injection machine, and injected narcotics, etc., after mixing them with water.

2. Even if the Defendant is not a narcotics handler, on August 2014, the Defendant injected approximately 0.05g of phiphonephones in Busan Southern-gu, Busan, with the same method as paragraph 1, and administered narcotics.

3. Although the Defendant is not a narcotics handler, around 14:00 on May 24, 2015, the Defendant injected approximately 0.05 grams of philopon in the Defendant’s house located in Busan YY G, and in the same manner as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Requests for appraisal;

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

1. Previous records: Application of criminal records and investigation reports (verification of 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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Additional collection is for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), medication, simple possession, etc., and for the basic area (10 to 2 years) (10 to 10 years) of the Act on the Control of Narcotics, Etc.) (the special mitigation) of the basic area (10 to 2 years) of the Act on the Control of Narcotics, etc. / The basic area (the scope of recommendations) of types 3 (b) and the basic area (2) of the Act on the Control of Narcotics, etc.) of medication, simple possession, etc.

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