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(영문) 부산지방법원 2019.06.25 2019고단2024

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

203,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Medication of phiphones;

A. On April 17, 2019, the Defendant, at around 00:00 to 00:30, on April 17, 2019, injected the psychotropic drugs into water at the residence located in Kimhae-si B, and injected them with water, in a way of injection into his/her left arms bloodline.

B. On April 24, 2019 or April 25, 2019, the Defendant, at the place indicated in the above paragraph (a), 2019 or on April 25, 2019, putting about 0.03 grams in a day-to-day injection instrument at the place indicated in the above paragraph (a) and dilution with water, and administered the product by means of injection to his/her left arms.

2. On April 24, 2019 or April 25, 2019, the Defendant smoked marijuana in a way that smokes occurred by attaching a fire to the tobacco containing an influent marijuana at the location described in the said paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect C by the prosecution;

1. (Narcotic Drugs) Application of the Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Narcotics Control Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor for each of the following items:

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

(b) crime 2.