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(영문) 부산지방법원 2019.09.05 2019고단3144

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.

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

Reasons

Punishment of the crime

At around 20:00 on December 16, 2018, the Defendant administered approximately 0.03g of psychotropic drugs, in a manner of drinking them on the water, at the residence located in Busan City, Jin-gu B, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on narcotics appraisal;

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. 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. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

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.

2. The criminal defendant who was sentenced to the sentence on May 2, 2018 was sentenced to one year of imprisonment for the same crime on May 2, 2018, and was committing the instant crime during the period of the suspended sentence, and the criminal liability is heavy.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the instant crime was administered once; (b) the Defendant is against the Defendant; and (c) the Defendant’s age, character and conduct, environment; (d) motive and background of the instant crime; and (e) the circumstances after the commission of the crime.