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(영문) 부산지방법원 2015.07.10 2015고단3259
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 2 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

On January 7, 2013, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. in Daejeon District Court on January 7, 2013, and completed the execution of the sentence in the Ansan Prison on November 27, 2014.

1. On May 24, 2015, the Defendant: (a) around 09:00 on May 24, 2015, placed approximately 0.03g of the trade name in the Seo-gu, Seo-gu, Busan and 205-gambroop, a psychotropic drug, in a single-use injection machine; and (b) injected narcotics, etc., after mixing them with water.

2. On May 24, 2015, around 20:15, the Defendant possessed narcotics, etc. by hiding approximately 0.47 gramphones in the toilet around 203 and around 0.47 gramphones in Busan Dong-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Requests for appraisal, replys to the addition, and written response;

1. Seizure records;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes making inquiries about criminal records and historical records;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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 Management of Confiscated Narcotics;

1. The sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. shall be sentenced to imprisonment with prison labor for the accused taking into account the following factors: (a) the reason for sentencing of the proviso to Article 67 of the Act on the Management of Narcotics, Etc. [the scope of recommendations] medication, simple possession, etc.; (b) category 3 (one year to three years); (c) the aggravation area (one year to three years); (b) the previous conviction (the suspension of execution to three years or less); (c) the defendant has already been punished

However, in consideration of the overall circumstances, such as the fact that the defendant voluntarily submitted the penphone of 0.47g that he was in possession, the fact that he was committing a crime, and the age of the defendant, the sentence is imposed as ordered.

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