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(영문) 부산지방법원 2019.05.30 2019고단1207

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

On December 3, 2015, the Defendant of criminal records was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., at the Busan District Court on December 3, 2015, and on September 1, 2016, the same court was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and the said judgment became final and conclusive on September 9, 2016, and the said sentence becomes void. On May 11, 2017, the Defendant was sentenced to three months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on February 2, 2018.

Criminal facts

Defendant is not a narcotics handler.

1. At around 00:00 on October 2, 2018, the Defendant administered a phiphone by inserting approximately 0.03 grams of psychotropic drugs delivered by C into a single-use injection machine, dilution of aquatic organisms, and injection into arms.

2. On March 16, 2019, at around 22:00, the Defendant administered phiphones by inserting approximately 0.03g of phiphones into a single-use injection machine, dilution of bio-compons into the arms, and injection into the arms.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal, reports on appraisal (A), and reports on the investigation (invoicing a suspect A's maternity appraisal report);

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (verification of the period of repeated crimes, previous records and attachment of judgment), personal confinement status, application of Acts and subordinate statutes 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 recommended sentences according to the sentencing criteria;

(a) Class 1 crime (the violation of the Act on the Control of Narcotics, etc.).