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(영문) 부산지방법원 2016.03.24 2016고단85
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal record] On April 25, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on April 25, 2014, and completed the execution of the sentence at the port correctional institution on October 14, 2014. On June 19, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime in the same court on June 19, 2015 and completed the execution of the sentence in Daegu Prison on December 26, 2015, and was punished for the same crime three times.

[2] Although the Defendant is not a narcotics handler, on December 29, 2015, the Defendant administered narcotics, etc. by inserting approximately 0.03 g of Metepops (one philopon (one philopon), which is a local mental medicine, into a single-use injection machine, and mixing them with water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Seizure records;

1. Investigation report (verification of the results of close appraisal);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (date of release and reporting on confirmation of repeated crimes);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;

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 Control of Narcotics, Etc. [the scope of recommended punishment] Medicationing, simple possession, etc. of the types of three types (one year to three years) (one year) in the area of aggravation (one year to three years), [a person who is specially aggravated] the previous conviction (not less than three years of suspended execution] / The decision of sentence is a crime committed during the period of the same type of repeated crime and the fact that the case is a simple medication, etc.;

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