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(영문) 부산지방법원 2015.05.21 2015고단2008
마약류관리에관한법률위반(향정)
Text

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

subparagraph 1 of this Article shall be forfeited from the accused.

Reasons

Punishment of the crime

On June 20, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on June 20, 2013, and was punished five times for the same crime on November 6, 2014 in the net prison on which the enforcement of the sentence was completed, as well as on the completion of the sentence.

Criminal facts

1. On April 7, 2015, the Defendant: (a) around 22:00, delivered approximately 0.05 grams of psychotropic drugs to E, at a “D” restaurant located in Busan Dong-gu, Busan; and (b) delivered approximately 0.05 grams of psychotropic drugs to E without compensation.

2. On April 10, 2015, around 22:30, the Defendant, who is not a narcotics handler, putting about 0.03 grams from the toilets in the Sctop Station located in the Dong-gu Busan Metropolitan City, into a single-time injection machine, mixed with water, and injected narcotics into the left arms and administered them.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the interrogation protocol of prosecution E;

1. Seizure records;

1. A report on investigation (the result of a corrected appraisal);

1. Previous convictions in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports (the confirmation date of the date of release of a suspect);

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 and Article 38 (1) 2 of the Criminal Act;

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

1. Additional collection: Class 1 of Article 67 of the Act on the Control of Narcotics, Etc. and the Act on the Control of Narcotics, Etc., for the purpose of sentencing [the scope of recommendations] Article 67 of the Act on the Control of Narcotics, etc. and Part 2 of the Act on the Aggravated Punishment, etc. (one year to six years), the area of aggravation (one year to three years of suspended sentence) of the same criminal record (the scope of recommendations), the area of aggravation (one year to three years of suspended sentence) of the same criminal record (the scope of recommendations), medication, simple possession, etc. (the scope of one year to three years of suspended sentence) of the same criminal record (the scope of suspended sentence within three years of suspended sentence): From 16 months to 5 years6 months (the decision of sentence] of the same criminal record.

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