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(영문) 부산지방법원 2015.06.05 2015고단2007
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

On October 12, 2012, the Defendant was sentenced to 10 months in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on July 13, 2013 in the original prison.

On April 13, 2015, the Defendant: (a) around 02:00, around 02:00, administered narcotics, etc. by inserting approximately 0.05 g of psychotropic drugs, which were received from and held by E, for a single-use injection machine; (b) inserting approximately 0.05 g of psychotropic drugs, which were psychotropic drugs in Busan East-gu, Busan, for a single-use injection machine; and (c) mixing them with water.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (the result of urient appraisal);

1. A written expert opinion and a seizure report;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes making inquiries about criminal records and historical records;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is to be sentenced to imprisonment with prison labor for the defendant taking into account the following factors: (a) the reason for sentencing of the proviso of 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); (d) the previous criminal records (not less than a suspended sentence for three years); (b) the defendant has already been punished for the

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.

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