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(영문) 부산지방법원 2015.05.01 2015고단1178
마약류관리에관한법률위반(향정)
Text

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

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to 8 months in Busan District Court for violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in Busan Correctional Institution on July 20, 2014.

1. On January 21, 2015, the Defendant, who is not a narcotics handler, put approximately 0.07gg of psychotropic drugs in the trade influorial telephones located in Busan Dong-dong-dong-dong-dong-si, and injected narcotics, etc. by inserting approximately 0.07gg of psychotropic drugs, a disposable injection machine, and mixing them with water.

2. Although the Defendant is not a narcotics handler, around February 12, 2015 to 21:00, the Defendant administered narcotics, etc. by injecting approximately 0.07 grams of philopon in the trade in the middle-gu Busan Centraldong on February 12, 2015 and in the same manner as paragraph 1.

3. Even if the Defendant is not a narcotics handler, on February 20, 2015, around 20:00, at the Defendant’s house located in Gangseo-gu Busan metropolitan apartment 601 Dong 504, and around 0.07 gramphonephones in the same manner as that of paragraph (1), the Defendant administered narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the interrogation protocol of D;

1. Notification of the result of appraisal (inbounded);

1. Seizure records;

1. Previous convictions indicated in judgment: Application of the provisions of Acts and subordinate statutes to inquire about criminal records and investigation records;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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 sentence of imprisonment is inevitable in view of the following: (a) the Defendant, with the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., has three or more criminal records; and (b) the Defendant committed the instant crime during the period of

However, considering the fact that the defendant has cooperated with the investigation of an investigative agency, the punishment shall be determined as ordered in consideration of the age, occupation, family relationship, etc. of the defendant.

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