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(영문) 부산지방법원 2015.08.27 2015고단4563
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On June 28, 2013, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on October, 2013, and was sentenced to a suspended sentence of ten months in the same court on February 6, 2014, and the said judgment became final and conclusive on June 10, 2014, the said suspended sentence was revoked and the execution of said sentence was terminated in the Seoul Southern Prison on January 26, 2015.

【Criminal Facts】

1. On July 11, 2015, around 19:00, the Defendant, who is not a narcotics handler, put approximately 0.05 g of DNA conference 305 in Busan Dong-gu, and psychotropic drugs, injected them into a single-use injection machine, and injected them with water.

2. Although the Defendant is not a narcotics handler, on July 12, 2015, the Defendant injected approximately 0.05 grams of philopon in the same manner as described in paragraph (1), around 22:0, as indicated in paragraph (1), and administered narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

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

1. Previous records: Application of criminal records and investigation reports (the date of release and reporting accompanied by a certified copy of the judgment);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

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. For the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc., the penalty shall be additionally collected: Class 1 crime [the scope of a recommendation] / 10 to 2 (the period of a special mitigation) in the basic area (10 to 3 years) of the Act on the Control of Narcotics, etc. (the period of a recommendation / the period of a suspension of execution not exceeding 3 years) in the same criminal record (the period of a suspension of execution not exceeding 3 years) / the basic area (the period of a recommendation / the scope of a recommendation ] in the basic area (10 to 2 years), such as medication, simple possession (the period of a special mitigation) / the number of self-denunciation / the same criminal record (the period of a suspension of execution not exceeding 3 years) in the same

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