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(영문) 부산지방법원 2016.11.10 2016고단3766
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On December 18, 2015, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on December 18, 2015, and on March 2, 2016, in addition to the completion of the enforcement of the sentence at the port prison, eight times more in addition to

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. At around 11:00 on July 9, 2016, the Defendant administered narcotics, etc. by inserting approximately 0.05 g of psychotropic drugs, psychotropic drugs, in a one-time injection toilet located in Nam-gu Busan Metropolitan City, by inserting approximately 0.05 g of psychotropic drugs, into a single-use injection machine, and dilution them with water.

2. On July 10, 2016, the Defendant, around 13:55, placed approximately 1.25g of philopon on the street in front of the Fururher in Busan Jin-gu, Busan, and possessed narcotics, etc., by inserting approximately 1.25g of plastic phone in plastic bags.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. A written request for appraisal, and a written reply;

1. A report on investigation (calculated additional charges);

1. Previous offense: Application of Acts and subordinate statutes to criminal records, investigation reports (date of release and confirmation of repeated offense);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the selection of a sentence concerning criminal facts, and the selection of imprisonment with prison labor;

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. The main sentence of Article 67 of the Narcotics Control Act;

1. Additional collection is for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] Medication, simple possession, etc. 3 types (10 to 2 years) of the basic area (10 to 3 years) of the Act on the Control of Narcotics, etc. (10 to 10 years of special mitigation] / The important cooperation in investigation / the scope of recommendation / the basic area (10 to 10 months of special mitigation) of the punishment / the basic area (10 to 2 years of sentence) of the punishment / the basic area (10 to 3 years of sentence) of medication, simple possession, etc. / the addition to multiple criminal offenders of the same type of previous conviction (not more than 3 years of suspended sentence).

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