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(영문) 부산지방법원 서부지원 2017.11.27 2017고단944
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Criminal facts

On May 3, 2016, the Defendant was sentenced to one year for committing a violation of the Narcotics Control Act in the Busan District Court, and on October 13, 2016, the Defendant was sentenced to imprisonment for the same crime in the same court on October 13, 2016, and on May 20, 2017, was not a person who completed the execution of the said sentence in the Jinju Prison, nor a person who handles narcotics.

1. On July 28, 2017, around 01:00, the Defendant administered the meat injection using a disposable injection device by dilution approximately 0.05 g of Meat cher, a local mental medicine (one philopopon; hereinafter “philopon”).

2. On July 28, 2017, at around 03:00, the Defendant injected approximately 0.05g of philophones purchased from E from the above DNA telecom 506, by dilutioning 0.05gs of philophones into one’s body using a disposable injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written appraisal of each drug;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, text of judgment, investigation report (the confirmation report on the date of release from the military court), and the current status of personal confinement;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment for a violation of the Act on the Control of Narcotics, Etc., as stated in paragraph (2) of the said Article, with heavier punishment];

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 30 years;

2. Scope of recommended sentences on the sentencing criteria: Imprisonment with prison labor for a period of between one year and four years and six months [the types of decisions], such as medication, simple possession, etc. of narcotics, three types [the persons subject to special sentencing] [the persons subject to special sentencing] and (c): The same criminal records (within three years).

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