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(영문) 부산지방법원 2016.09.29 2016고단3053
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Of the facts charged in the instant case, “the 2015.”

Reasons

Punishment of the crime

[criminal history] On March 21, 2014, the Defendant was sentenced to one year and six months of imprisonment by the Busan District Court for a violation of the Narcotics Control Act, etc., and on July 11, 2015, in addition to the completion of the execution of the sentence at a public prison, five times the same military force is added.

[Criminal facts] Notwithstanding the fact that the Defendant was not a narcotics handler, the Defendant administered narcotics as follows:

On June 7, 2016, the Defendant administered narcotics, etc. by inserting approximately 0.07g of philopon into a single-use injection machine, dilution with water at the Defendant’s residence located in Busan Shodong-gu C, and in the way of injecting them into arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. An explanatory invoice;

1. Report on investigation (report on the calculation of an additional collection charge);

1. Previous convictions: Inquiry into criminal history and investigation reports (verification of the period of repeated crime and attachment of the relevant judgment) and application of statutes;

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Management of Narcotics, Etc. [the scope of the recommended punishment] medication, simple possession, etc.

1. From October 13, 2015 to November 12, 2015, the Defendant administered narcotics, etc. by administering in an insular way, the meconium (one philopopon; hereinafter “philopon”), which is a local mental medicine, in an insular form.

2. Determination and conclusion are recognized on June 7, 2016, and the Defendant consistently denies that there was no fact that phiphones have been administered at the same time from the time of the first investigation into the observation office to the time of this Court.

This part of the facts charged.

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