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(영문) 부산지방법원 2019.07.03 2019고단1956

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[Criminal Power] On December 18, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on December 18, 2015, and was sentenced to two months, and

1.15. There are eight-time penalties for the same kind of force, such as the termination of the execution of a sentence in a net prison;

【Criminal Facts】

At around 15:30 on April 30, 2019, the Defendant: (a) administered narcotics in the toilets of “C” located in Busan Shodong-gu, Busan; (b) in a single-use injection machine, the Defendant injected 0.07gg of psychotropic drugs in a single-use injection machine; and (c) in a dilution with water.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Requests for appraisal;

1. Each photograph;

1. Previous convictions: Criminal records, results of search of prisoners, and each judgment;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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

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 order of provisional payment [the scope of recommendation] medication, simple possession, etc. of types 3 (1 to 3 years) (1 to 3 years) of the aggravated area (1 to 1 year) [1 to 3 years] of the same criminal records (1 to 3 years of probation] [the decision of sentence] of the same criminal records (1 to 8 years of probation] of the defendant, and the defendant has the same criminal records of the same kind of crime eight times, and the defendant committed the crime of this case during the period of repeated crime after returning the first criminal

In this context, there are favorable circumstances for the defendant, such as the fact that the defendant was found to have been exposed to the same content as this case, the fact that the defendant violated his wrongness, the fact that the defendant had been administered once, and cooperation in the investigation.

The above sentencing guidelines and sentencing factors are various conditions of the sentencing of this case, including the defendant's age, character and behavior, and environment.