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(영문) 부산지방법원 2015.06.12 2015고단2058
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

On October 11, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court, and on December 25, 2014, the Defendant completed the execution of the sentence at the port prison on December 25, 2014.

The defendant is not a person handling narcotics.

On April 6, 2015, at around 00:30, the Defendant injected approximately 0.03g of psychotropic drugs with water at the Defendant’s residence located in the Busan Young-gu C4, Busan High-do, and administered phiphones by means of injection with the Defendant’s psychotropic drugs using a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

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 sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. shall be sentenced to imprisonment with prison labor for the accused taking into account the following factors: (a) the reason for sentencing of the proviso to Article 67 of the Act on the Management of Narcotics, Etc. [the scope of recommendations] medication, simple possession, etc.; (b) category 3 (one year to three years); (c) the aggravation area (one year to three years); (b) the previous conviction (the suspension of execution to three years or less); (c) the accused has already been punished

However, in consideration of the overall circumstances, such as the fact that the defendant is wrong, the age and health status of the defendant, etc., the punishment shall be determined as per the order.

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