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(영문) 부산지방법원 2015.12.17 2015고단7026
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 September 12, 2013, the Defendant was sentenced to six months of imprisonment with prison labor in the Changwon District Court’s through the Changwon District Court, and completed the execution of the sentence in the Busan Prison on January 13, 2014.

【Criminal Facts】

1. On October 21, 2015, around 19:00, the Defendant, who is not a narcotics handler, injected approximately 0.07ggg of psychotropic drugs, in a single-use injection machine, and injected narcotics into the left-out bloodline, after inserting about 0.07gggg of psychotropic drugs, and mixing them with water.

2. Although the Defendant is not a narcotics handler, on October 23, 2015, the Defendant injected approximately 0.07 grams of philopon in the same manner as indicated in paragraph (1) at the same place as indicated in paragraph (1), and administered narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Investigation report (training of phiphonephones as a result of dial examination);

1. Previous convictions indicated in judgment: Application of criminal records and investigation records and Acts and subordinate statutes;

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. 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. For the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc., the penalty shall be additionally collected for the second crime that has no basic area (10 to 2 years) (10 to 2 years) of Types 3 (10 to 10) of the Act on the Control of Narcotics, etc. (the scope of recommending punishment), medication, simple possession, etc. (10 to 2 years) of the Act on the Control of Narcotics, etc. [10 to 2 years] of the basic area (10 to 2 years) of types 3 (10 to 10 years) of the Act on the Control of Narcotics, etc., which has no basic area (10 to 3 of the Act on the Control of Narcotics, etc.): The fact that he/she again commits the same kind of punishment for a short time after being sentenced to a fine

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