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(영문) 부산지방법원 2019.09.18 2019고단3045

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[Criminal Power] On November 23, 2017, the Defendant was sentenced to one year and two months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on November 23, 2017, and on April 19, 2018, in addition to the completion of the execution of the sentence in the Busan Detention House, the Defendant was punished for the same crime two times more.

【Criminal Facts】

1. On January 15, 2019, the Defendant, even though not a person handling narcotics, sold approximately KRW 100,000,000 to D at the Busan Jin-gu B building and the residence located in subparagraph c, and sold psychotropic drugs, c. 0.14g of psychotropic drugs (hereinafter “c.l.opon”).

2. At around 19:00 on July 2, 2019, the Defendant, who was not a person handling narcotics, put about approximately 0.07 gramopon into a single-use injection machine, dilution it with water, and administered it in a way of injection into arms.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecution concerning D;

1. Notice of the result of appraisal and a report on the maternity appraisal;

1. Previous records: Criminal records, current status of personal confinement, and judgment;

1. A report on investigation (related to the calculation of an additional collection charge) and the application of statutes on monthly trends of narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 of the Act on the Selection and Management of Narcotics, Etc.)

1. Article 35 of the Criminal Act among 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 proviso to Article 67 of the Narcotics Control Act;

1. The basic area of the first-class crime [the scope of recommendation] for sentencing in Article 334(1) of the Criminal Procedure Act, the first-class crime [the scope of recommendation] for sentencing in Article 334(1) and the second-class (one-year suspension of execution not exceeding three years) for the same criminal record (the scope of recommendation] for the same criminal record (the suspension of execution not exceeding three years), the second-class crime (the scope of recommendation), the trade and good offices, etc.