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(영문) 부산지방법원 2016.10.20 2016고단4646
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On December 19, 2014, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court, and on November 6, 2015, in addition to the completion of the enforcement of the sentence at the port prison on two occasions, the same military force is added.

【Criminal Facts】

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

1. On July 4, 2016, at around 09:00, the Defendant administered narcotics, etc. by inserting approximately 0.03g of psychotropic drugs in a single-use injection machine, psychotropic drugs, in a place of residence in Busan Jin-gu C, Busan, and psychotropic drugs, in a way of injecting them into a human-use injection machine, dilution with water.

2. Around 14:00 on August 17, 2016, the Defendant administered narcotics, etc. in a way of drinking them to the cans, in front of the E located in Busan Eastdong-gu, and approximately 0.03g of scromatics, in a way of drinking them to the cans.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Each explanatory note (the explanatory note and the maternity appraisal note);

1. A report on investigation (calculated additional charges);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the period of repeated crimes and attachment of the same judgment, etc.);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the selection of a sentence concerning criminal facts, and the selection of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Additional collection for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc.: The same kind of crime [the scope of recommendation] under category 1 (the scope of punishment] under the provision of the proviso of Article 67 of the Act on the Control of Narcotics, etc. and the scope of final sentence due to the addition of multiple crimes (one year or three years of suspension of execution) under the provision of the Act on the Control of Narcotics, etc. [the scope of punishment] under the provision of the Act on the Aggravated Punishment, etc. of Specific Crimes of Type 3 (one year or three years of suspension of execution within three years) under the provision of the Act on the Aggravated Punishment, etc. of Specific Crimes of the same kind [the provision of recommendations] under the provision of the Act on the Aggravated Punishment, etc

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