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(영문) 부산지방법원 2015.12.10 2015고단6717
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

[Criminal Power] On October 29, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on October 29, 2013, and on July 22, 2014, five times the same criminal records, such as the termination of the execution of the sentence in the previous correctional institution.

【Criminal Facts】

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

1. On July 15:00 on July 15, 2015, the Defendant, a residence of the Defendant, injected approximately 0.02 grams of psychotropic drugs, psychotropic drugs (one-name “propopon”; hereinafter “propopon”) with water, and administered phiopon by means of injecting it into the Defendant’s leg bloodline using a single-use injection device.

2. On October 10, 2015, at around 20:00, the Defendant injected approximately 0.03 gramphones from the toilet at the above Defendant’s residence into water, and administered phiphones by means of injection to the Defendant’s arms blood transfusion using a disposable injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

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. The scope of the final sentence due to the aggravation (1 to 3 years) of the aggravated area (1 to 13 years) 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. and the aggravated area (1 to 2 years) of the aggravated area (1 to 3 years) of the Act on the Control of Narcotics, etc. (1 to 3 years of imprisonment) of the same criminal record (1 to 3 years of imprisonment), medication, simple possession, etc. (1 to 1 year of imprisonment) of the aggravated area (1 to 1 year of imprisonment), the aggravated area (1 to 3 years of imprisonment), the aggravated area (1 to 3 years of imprisonment for not more than 3 years of imprisonment) of the same criminal record (1 to 4 years of imprisonment for a decision of sentence

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