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(영문) 부산지방법원 서부지원 2019.09.26 2019고단815

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

20,000 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

[criminal power] On August 24, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and ten months for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on August 24, 201, and on March 28, 2019, written indictment on February 16, 2019, the period of detention in a workhouse for a fine is terminated. Thus, the Defendant’s correction is made on February 16, 2019, which is a prison term for imprisonment.

In the port prison, the enforcement of the above sentence was terminated.

【Criminal Facts】

On April 5, 2019, the Defendant injected approximately 0.03g of Metropha (one philophone; hereinafter referred to as “philophone”) by inserting approximately 0.03g of Metropha in a single-use injection instrument, and injected the philophone into the left hand, etc. in the same manner at the same place after approximately 3 hours thereafter.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of legal chemical appraisal;

1. Investigation report (as to the result of the simplified examination of reagents):

1. A report on investigation (related to the calculation of an additional collection charge);

1. Previous records: Application of criminal records, inquiry reports, and criminal investigation reports (report on the date of release from the military court, reporting on the date of release from the military court and attachment of judgment);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

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

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 punishment by law: Imprisonment with prison labor for not more than 30 years;

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

(a) Nos. 1 and 2 crimes [Violation of the Act on the Control of Narcotics, etc. (Determination of Punishment)] [Violation of the Act on the Control of Narcotics, etc.]; 01. Medication, simple possession, etc. (Type 3];

Items c) and c.

Item (Special Convicts) Aggravations: The same criminal record (not less than a three-year suspended sentence) (the scope of the recommended field and the recommended range).