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(영문) 부산지방법원 2016.12.22 2016고단6906
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 7, 2014, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on April 4, 2015, and was sentenced to 5 times more in addition to the completion of the enforcement of the sentence in the port prison on April 4, 2015.

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

1. On October 19, 2016, the Defendant purchased approximately 0.07 gl.m. from I to 100,000,000 m., psychotropic drugs (i.e., one philopon; hereinafter “philopon”). On the same day, the Defendant administered the philopon by means of inserting the said philopon into a one-time injection machine in Busan Northern-gu J. 701 room.

2. On October 29, 2016, the Defendant purchased approximately 0.07 ghonon from the above I to 100,000 won, and administered the said honon in the above manner on the same day, from MM building 103, the Defendant’s residence in the Busan Northern-gu L, and the said honon.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Each prosecution letter-written statement of prosecution, Maternal and Maternalty statement;

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

1. Previous records: References to criminal records and investigation reports (verification of the period of repeated crimes and attachment of the same judgment) shall apply;

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. Additional collection is based on the aggravation (1 to 3 years) of the aggravated area (1 to 3 years of suspended execution) of Type 3 (1 to 1) of the Act on the Control of Narcotics, Etc. for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (2) of the Act on the Control of Narcotics, etc.) of the same kind of crime (1 to 2) of the aggravated area (1 to 3 years of suspended execution within 3 years) of the same criminal records (2) of the same kind of punishment), medication, simple possession, etc. of the same criminal records (1 to 1 to 3 years of suspended execution within 3 years).

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