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(영문) 부산지방법원 2015.12.18 2015고단7400
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 8, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court on November 8, 2015, and was punished for the same crime in the net prison on November 8, 2015 and seven times of the record.

Criminal facts

1. On November 8, 2015, the Defendant: (a) was not a narcotics handler; (b) around 05:30, the Defendant was placed on the side of the South Sea Highway at around 05:30, on the same day with the fluor C and D, from the time of being released from the Yancheon Prison, and administered narcotics, etc., after mixing them with the water for a single-use injection machine containing approximately 0.05g of psychotropic drugs.

2. Although the Defendant is not a narcotics handler, around 08:00 on November 8, 2015, the Defendant administered narcotics, etc. after injection of approximately 0.05 grams of philopon in the Fururel room located in Busan, Seo-gu, Busan, and in the same manner as described in paragraph (1).

3. Even if the Defendant is not a narcotics handler, on November 11, 2015, around 19:00, the Defendant administered narcotics by taking approximately 0.1g of philopon in the Defendant’s house located in Busan G, the same manner as that described in paragraph (1).

4. Although the Defendant is not a narcotics handler, on November 17, 2015, the Defendant injected approximately 0.1g of phiphonephones in the same manner as indicated in paragraph 3 at the same place as indicated in paragraph 3, and administered narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Response to the request for appraisal;

1. Written consent for collecting urines and hairs;

1. Previous records before a report on investigation (in relation to collection): References to criminal records, references to the records of criminal records, and application of Acts and subordinate statutes of the report on criminal investigation;

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, and Article 38(1)2 of the Criminal Act, which increases concurrent crimes;

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