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(영문) 부산지방법원 2016.07.19 2016고단1518
마약류관리에관한법률위반(향정)
Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 3, 2014, the Defendant was sentenced to ten months of imprisonment for a violation of the Narcotics Control Act at the Busan District Court on July 3, 2014, and on January 20, 2015, the Defendant had three times the same criminal records in addition to the completion of the execution of the sentence at the Busan Detention Center.

On March 25, 2016, the Defendant administered philophones by means of infection to the Defendant’s arms inception using a single injection device, the meconium fluor (one philophone; hereinafter “philophone”) which is a local mental medicine dilution with water, from March 25, 2016, the Defendant administered the philophones by using a single injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on investigation;

1. Investigation report (data on the statement of processing a case reported to 112, and photographs of a vaccination country with phiphone medication);

1. Seizure records;

1. Previous criminal records on a criminal investigation report (related to collection): The inquiry of criminal records, the number and confinement status of each individual, and the application of Acts and subordinate statutes of a report on criminal investigation (the date of release);

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by imprisonment;

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

1. The reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2014, Feb. 1, 201; Presidential Decree No. 20144, Feb. 29, 201; Presidential Decree No. 2010, Feb. 29, 201; Presidential Decree No. 2010, Feb. 29, 201; Presidential Decree No. 2010, Feb. 29, 201; Presidential Decree No. 2010, Feb. 3, 2011; Presidential Decree No. 2

Provided, That all circumstances, such as the fact that the defendant voluntarily surrenders to the crime, the violation of the mistake, the age, environment, health, family relationship, etc. of the defendant, shall be considered.

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