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(영문) 부산지방법원 2016.09.08 2016고단3739
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 3 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On May 22, 2015, the Defendant was sentenced to one year of imprisonment for a crime of violation of the Act on the Control of Narcotics, Etc. at the Busan District Court (the "Act on the Control of Narcotics, etc."), and on February 2, 2016, in addition to the completion of the enforcement of the sentence at the port prison, the Defendant has

【Criminal Facts】

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

1. On July 5, 2016, around 23:00, the Defendant administered narcotics by inserting approximately 0.03g of the psychotropic drugs in a single-use injection machine, psychotropic drugs, in D in Seo-gu, Busan, with the method of injecting them into arms.

2. On July 6, 2016, around 23:00, the Defendant administered narcotics, etc. in a way of inserting approximately 0.03gopon into a single-use injection machine, dilution with water, and injection into the arms.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Each prosecution letter (an appraisal statement and a maternity appraisal statement);

1. A report on investigation (calculated additional charges);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records, investigation reports (date of release and confirmation of repeated crimes);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and selection of imprisonment with labor for an offense under the relevant Act;

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 main sentence of Article 67 of the Narcotics Control Act;

1. Additional collection for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: Class 1 crime [the scope of a recommendation] / 3 (the scope of a recommendation / the scope of a recommendation / the basic area (the scope of a person subject to special mitigation / the suspension of execution not exceeding 3 years) of the same criminal record (the suspension of execution not exceeding 3 years) / the basic area (the scope of a recommendation / the scope of a person subject to special mitigation / the number of persons subject to special mitigation / the number of crimes according to the number of self-denunciation / the same criminal records (the suspension of execution not exceeding 3 years) / the number of self-denunciation / the same criminal records (a person subject to the suspension of execution not exceeding 10-2) of the Act on the Control of Narcotics, etc.

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