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(영문) 부산지방법원 서부지원 2019.08.22 2019고단955

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Twelve (Evidence No. 3) seized shall be confiscated.

from the defendant.

Reasons

Punishment of the crime

1. On February 2, 2019, at the Defendant’s residence located in Changwon-si B, the Defendant: (a) received, without compensation, a disposable injection device containing approximately 0.07g grams from Dozine C; and (b) injected approximately 0.07g grams from Dozine C with water.

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

2. On April 18, 2019, at around 20:00, the Defendant received approximately 0.07 gramopon from E Medical Center in front of the Changwon-si, and from G, paper-based copon copon copon copon copon copon, and on the same day, the Defendant injected 0.07 gopon copon in the front of the E Medical Center in front of the Changwon-si, the Defendant’s dwelling at the above Defendant’s dwelling in the first place and injected it into arms.

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

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of suspect examination of police officer C;

1. Application of Acts and subordinate statutes to a copy of the investigation report (C mobile phone digital evidence analysis response data), a photograph of seized objects, a preliminary investigation report on narcotics, a response to requests for appraisal (or training of uriphones) and a report on investigation (or a report on the results of appraisal - hair);

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 facts constituting an offense, and the selection of a punishment, respectively;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. 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.

There is no [Special Convicted Persons] [The area of recommendations and the scope of recommendations].