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(영문) 부산지방법원 2018.08.29 2018고단2031
마약류관리에관한법률위반(향정)등
Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2. One giving rise to seizure (No. 1);

3...

Reasons

Punishment of the crime

1. On March 10, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court, and completed the execution of the sentence on October 20, 2017.

2. Criminal facts;

A. A. The Mept Amina medication (2018 highestest 2031), even though the Defendant is not a narcotics handler as prescribed by the Narcotics Control Act, around 16:00 on May 7, 2018, the Defendant put about approximately 0.07 g of the Mepta (one philopon), which is a local mental medicine, into a single-use injection machine, and injected it into the arms.

B. The Defendant, on April 8, 2018, suffered bodily injury (2018 highest 3270, highest 3270) : (a) the Victim F (67 years old) who was put to the Defendant, while drinking alcohol in Daegu-gu apartment D apartment E around Daegu-gu around 07:30 on April 8, 2018, was suffering from a son’s trouble.

As the victim said, the victim suffered bodily injury, such as emerculation, which requires approximately two weeks of medical treatment, in a series of times, in which case the victim suffered bodily injury.

Accordingly, the defendant injured his lineal ascendant or descendant victim.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) Statement made by the police with F;

(c) Police seizure records;

(d) A medical certificate of injury;

(e) Each narcotics appraisal report;

(f) Each photograph;

2. The records of the offense;

(a) a response to inquiries;

B. Application of the prosecution investigation report (date of release and confirmation of repeated crimes) statute

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) The point of administration of Metraptoo: Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Narcotics Control Act (or choice of imprisonment);

(b) The point of injury sustained: Article 257 (2) and (1) of the Criminal Act (the choice of imprisonment);

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

3. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes as provided for in the Act on the Control of Narcotics, Etc. with Aggravation of Crimes).

4. Article 48 (1) 1 of the Criminal Act to be confiscated;

5. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection.

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