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(영문) 부산지방법원 2017.12.21 2017고단5609
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.

equivalent to the above additional collection.

Reasons

Punishment of the crime

On December 2, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Narcotics Control Act at the Busan District Court on December 2, 2016 and completed the execution of the sentence on October 22, 2017.

Criminal facts

Despite the fact that the Defendant is not a narcotics handler, around November 3, 2017, around 21:00, the Defendant injected D apartment 108, which is one’s own residence in Busan-gu Busan-gu, with approximately 0.05 g of Melopon (one philopon; hereinafter “philopon”), which is a local mental medicine, into a single-use injection machine, and injected a philopon by means of injecting it into a single-use injection machine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records;

1. A statement on narcotics appraisal;

1. A criminal investigation report (related to collection);

1. Records of the judgment: Inquiry about criminal history, investigation report (including judgments attached thereto at least once a year), application of the criminal defendant's statutory statement statutes;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act / [the scope of the recommended punishment] / the reason for sentencing of Article 334(1) of the Criminal Procedure Act / In light of the following factors: (a) the basic area (from October to two years), including medication, simple possession, etc. (the period of special mitigation); (b) the number of self-denunciation / the same criminal records and the previous criminal records (not less than three years of suspended execution) / [the decision of sentence] the defendant's imprisonment for the same kind of crime has two times or more, and the defendant has been released from the prison life due to a violation of the Narcotics Control Act; (c) the medication of narcotics again takes into account the criminal records of the defendant's punishment and the period of prescription taken from the time he was released from the military court for the most important purpose;

However, it is an unfavorable circumstance that doubts about the intention to terminate the contract.

A simple medication shall be made once.

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