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(영문) 부산지방법원 2019.06.21 2019고단1551

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On February 2, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on February 2, 2017, and completed the execution of the sentence at the port prison on May 3, 2017.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. The Defendant: (a) On February 2, 2019, at the Staff Staff.

3. During the Seocho-gu Busan Metropolitan City B market, 0.2g of psychotropic drugs-related cambanes (i.e., a single camphone; hereinafter “cambphones”) were put in a single-use injection machine, mixed with water, and administered cambphones.

2. On April 7, 2019, at around 00:05, the Defendant administered phiphonephones by means of drinking approximately 0.1g of phiphones in the Busan Jin-gu C building and the dwelling area located in D.

Summary of Evidence

1. Defendant's legal statement;

1. A written expert opinion and a false appraisal report;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports (including confirmation of the period of repeated crimes, the same previous records, attach of judgments, and accompanying documents);

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 choice of imprisonment with prison labor;

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 punishment shall be determined as ordered in consideration of all the circumstances, such as the administration, frequency, the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, which are the same kind of crime for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., and the crime of this case was committed at the same time even though it was committed during the period of repeated crime.