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(영문) 부산지방법원 2015.11.19 2015고단6375
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On September 12, 2013, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Southern District Court on September 12, 2013, and the said judgment became final and conclusive on September 12, 2013, and the suspended sentence was revoked at the Busan District Court on August 17, 2015, and is currently serving in the Busan Detention House.

【Criminal Facts】

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

1. On July 10, 2015, at around 23:30, the Defendant, a residence of the Defendant, injected approximately 0.1g of psychotropic drugs, Mepta (i.e., single chopon; hereinafter “copon”) with water at the Busan Blue-gu, Busan, 101-dong 1905, the Defendant administered copon in a way of injection with the Defendant’s arm’s blood transfusion using a disposable injection device.

2. On July 26, 2015, around 23:30, the Defendant administered approximately 0.1g of philophones in the toilet at the above Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A written request for appraisal;

1. Previous records: Application of criminal records, investigation reports (former records, court rulings, and documents attached to the decision of revoking the suspension of execution);

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Additional collection of the grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc.: Class 1 crime [the scope of recommendations] / 1 to 4 years / the defendant's criminal records, the details of each of the crimes of this case / The defendant's criminal records, the defendant's criminal records, the contents of each of the crimes of this case, where the defendant's criminal records of this case are added to the aggravated area (1 to 1 years / 3 years / the aggravated area (1 to 1 year / 3 years / a special person / a suspended execution within 3 years) of the same criminal records (1 to 3 years / a suspended sentence).

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