logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.06.05 2015고단1767
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On November 28, 2013, the Defendant was sentenced to the violation of the Act on the Control of Narcotics, etc. in Busan District Court on November 28, 2013 and completed the execution of the sentence in the original prison on December 13, 2014.

The defendant is not a person handling narcotics.

around 09:00 on March 23, 2015, the Defendant injected approximately 0.05g of psychotropic drugs in the guest room 203 located in the Dong-gu Busan Metropolitan City, Mampa (hereinafter referred to as “lickphone”) using a single-use injection device, and administered them in a way of injection into the Defendant’s arms blood transfusion using a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. A written expert opinion and a seizure report;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the last day of punishment);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and the choice of imprisonment;

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

1. The sentence of imprisonment shall be imposed on the accused in consideration of the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] medication, simple possession, etc., and the basic area (10 to 2 years) of types 3 (10 to 10 years) of the Act on the Control of Narcotics, etc. (10 to 3 years of special mitigation] / The decision of sentence is made] the criminal history of having already been punished for the same kind of crime and having committed the instant crime during the period of repeated crimes of the same kind of crime;

However, in consideration of the overall circumstances, such as the fact that the defendant is wrong, the age, family relationship, etc. of the defendant, the punishment as ordered shall be determined.

arrow