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(영문) 부산지방법원 동부지원 2016.04.06 2016고단117
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

200,000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional charges shall be made.

Reasons

Punishment of the crime

On October 26, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Narcotics Control Act at the Ulsan District Court on August 26, 2015, and the judgment became final and conclusive on November 3, 2015.

Defendant is not a narcotics handler.

1. On February 5, 2016, the Defendant received approximately 0.06 g of Handphones free of charge from the person in a name in the vicinity of the D intersection located in the Busan Suwon-gu, Busan-gu, and received approximately 0.06 g of Handphones (hereinafter “ponphones”).

2. Points of the administration of philophones.

A. On February 5, 2016, at around 16:00, the Defendant: (a) placed opon 0.03g of the Defendant’s G-based car parked in the F-do parking lot located in Busan Suwon-gu, the Defendant’s dwelling; (b) injected opon copon copon into a single-use injection machine; and (c) dilution with water; and (d) injected copon copon into the Defendant’s arms bloodline.

B. On February 5, 2016, the Defendant administered approximately 0.03 g of philophones in the same manner as the above 2-A at the same place as that of the above 2-A.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the result of a simple test of reagents), an appraisal report on narcotics, and a report on investigation (related to the calculation of an additional collection charge);

1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (the filing of judgment and non-prosecution decisions) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and the selection of a punishment are applicable to a crime (or selection of imprisonment);

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (the basis for calculation of additional collection charges: 0.06g x the market price of one-time medication (00,000 won) x 200,000 won);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant repeats again during the period of probation for the same crime.

However, the fact that the defendant recognizes the facts charged and seriously reflects it, and the defendant accepted and administered it.

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