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(영문) 부산지방법원 2015.02.13 2014고단9703
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence No. 3 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On October 12, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on May 22, 2013, and completed the execution of the sentence.

Although the Defendant is not a narcotics handler, on November 29, 2014, around 22:00, the Defendant injected narcotics, etc. with approximately 0.03g of psychotropic drugs, in the Ebrying male toilet located in Nam-gu Busan Metropolitan City, Mebatop, in a single-use injection machine, added approximately 0.03g of psychotropic drugs, into a single-use injection machine, mixed with water, and administered them.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. A written request for appraisal;

1. Data on investigation reports (report on calculation of additional collection charges), and monthly trends of narcotics;

1. Previouss before and after judgments: Application of criminal records, replys to criminal records, judgments, reading records, and other Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

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

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. In light of the fact that the defendant, for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., has the history of having been sentenced to three times punishment for the same crime, and that he again commits the crime of this case without being aware of even though he is under the period of repeated crime for the same crime, it is inevitable for

In addition, the sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the age, character, conduct and environment of the accused.

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