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(영문) 부산지방법원 2015.10.15 2015고단3533
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 January 13, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on September 13, 2012, and completed the execution of the sentence in the former correctional institution on September 13, 2012. On January 10, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the same court on March 19, 2015 and was sentenced to eight times of identical criminal power, such as the termination of the execution of the sentence in the original correctional institution

The defendant is not a person handling narcotics.

At around 18:00 on June 17, 2015, the Defendant: (a) injected approximately 0.03g of psychotropic drugs with water at the ward in Busan-gu, Busan-gu, Busan-do, the Defendant’s residence; and (b) administered them in a way of injection with the Defendant’s psychotropic drugs using a disposable injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Notification of the result of appraisal;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] Medication, simple possession, etc. shall be taken into account: the basic area (10 to 2 years) (10 to 2 years) of the Act on the Control of Narcotics, etc.; the self-denunciation / the same criminal record (in a case where the sentence is not more than 3 years), the fact that it is a crime during the period of identical repeated crimes (in a case where the sentence is determined]; the fact that the number of persons is recognized; and

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