beta
(영문) 부산지방법원 2015.10.22 2015고단5323

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

"2015 Highest 5323"

1. On July 11, 2015, around 17:00, the Defendant: (a) delivered approximately 0.1g of psychotropic drugs to H, for free, in the gravel market located in the Southern-dong of Busan, Jung-gu; and (b) delivered approximately 0.1g of psychotropic drugs to H.

2. On August 13, 2015, around 10:00, the Defendant, who is not a narcotics handler, putting about 0.05 grams in Jmotour in Seo-gu Busan, Seo-gu, and 0.05 grams in a single-use injection machine, mixed with water, and administered narcotics.

[2015 Highest 5605] Defendant is not a person handling narcotics.

At around 19:00 on December 26, 2014, the Defendant provided L, at the office located in the second floor of the K Building in Jung-gu, Busan, for approximately 0.05g of psychotropic drugs, which are psychotropic drugs sealed in paper, to L free of charge.

Summary of Evidence

1. Defendant's legal statement;

1. A certified copy of each police examination protocol concerning H or L;

1. Seizure records;

1. Notice of the result of legal and chemical appraisal;

1. Application of Acts and subordinate statutes on accomplices;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

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

1. Second crimes for which no basic area (1 to 2 years) (1 to 1) of types 2 (2) (1 to 2) (1 to 3 years) of the Act on the Control of Narcotics, Etc. (1 to 2) of the Act on the Control of Narcotics, Etc. (1 to 3 years) of the basic area (1 to 2) of types 2 (1 to 2) (2) (1 to 1 year (1 to 2 years), including the scope of recommendation), trading, good offices, etc. (1 to 2) of types 2 (2) (2 (2 to 1 to 2) of the Act on the Control of Narcotics, etc.) of the Act on the Control of Narcotics, Etc. (10 to 2) of the Act on the Control of Narcotics, Etc.) (10 to 3 (2 years of recommendation), including medication, simple possession (10 to 2) of the basic area (10 to 3 years of punishment): The scope of final sentence due to the aggravation of multiple crimes (1 to 18 years (