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(영문) 부산지방법원 2015.10.15 2015고단2363
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 8, 2013, 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 on February 8, 2013, and was punished for the same kind of crime on November 19, 2013, including the completion of the execution of the sentence in the Busan Detention Center.

Criminal facts

1. On April 22, 2015, around 13:50, the Defendant: (a) placed approximately 0.03g of psychotropic drugs purchased from E in the Damo 707 room located in Busan Eastdong-gu C; (b) collected approximately 0.03g of psychotropic drugs, which were held by E, in a single-use injection machine; and (c) injected narcotics, etc. into the Mamo-mp bloodline, and injected them with water.

2. Even if the Defendant is not a narcotics handler, on April 22, 2015, around 18:10, the Defendant possessed narcotics, etc. by inserting approximately 0.09g of phiphonephones in wallets at the places indicated in paragraph (1) around April 22, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Certified copy of the examination protocol of prosecution concerning E;

1. Seizure records;

1. Notification of the result of legal and chemical appraisal;

1. Previous records: Criminal records, investigation reports (the confirmation of the date of release and the report attached to the same kind of judgment) and application of 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. Additional collection for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: Class 1 crime [the scope of a recommendation] / the medication, simple possession, etc. (the scope of a recommendation / the scope of a recommendation / the scope of a sentence / the final sentence following the aggravation of a single criminal offense (the period of a special mitigation / the period of a stay of execution not exceeding 3 years) of the basic area (the period of a stay of execution not exceeding 10 to 2 years) of the Act on the Control of Narcotics, etc. / the scope of a sentence of punishment / the basic area (the period of a recommendation / the period of a punishment / the period of a stay of execution not exceeding 3 years) of the same criminal offense (the period of a special mitigation / the period of a stay of execution not exceeding 3 years) of the same kind of punishment

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