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(영문) 부산지방법원 2015.01.23 2014고단9886
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 4 or 5 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On July 26, 2012, the Defendant sentenced the Changwon District Court to 10 months of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on March 13, 2013.

1. On November 24, 2014, around 12:00, the Defendant: (a) put about 0.05g of the Defendant’s house located in the Kimhae-si building 101; (b) collected approximately 0.05g of psychotropic drugs in a single-use injection machine; and (c) injected them into the Defendant’s left arms bloodline; and (d) injected them with narcotics.

2. Even if the Defendant is not a narcotics handler, on December 1, 2014, at the same place as Paragraph 1, around 19:00, the Defendant injected approximately 0.05g opphones into a single-use injection machine, mixed them with water, and administered narcotics, etc. by injecting them into the bloodline.

3. Although the Defendant is not a narcotics handler, on December 2, 2014, the Defendant possessed narcotics, etc. by inserting approximately 0.46g opphones in the clothes of the Defendant, at the same place as Paragraph 1, at around 15:20 on December 2, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. Copies of the notification of the results of narcotics appraisal;

1. Investigation report (report on calculation of additional collection charges), and monthly trend of narcotics;

1. Previouss before and after judgments: Application of criminal records, replys to criminal records, judgments, reading records, and other Acts and subordinate statutes;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. has not only the history of having been sentenced to four times of punishment for the same crime, but also the defendant has committed the crime of this case repeatedly without being aware of even though he is in the period of repeated crime for the same crime, and the frequency of scoponing has reached two times.

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