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(영문) 부산지방법원 2020.04.10 2019고단2356

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

No. 1 of the evidence seized by the defendant shall be confiscated, and KRW 100,000 shall be confiscated.

Reasons

Punishment of the crime

On August 26, 2016, the Defendant was sentenced to one year in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the Jinju prison on May 9, 2017.

Despite the fact that the Defendant is not a narcotics handler, around April 2, 2019, around 23:30, the Defendant injected approximately 0.03 grams of psychotropic drugs, a psychotropic drug, into the single-use injection machine at the 1st floor parking lot, Young-gu, Busan Metropolitan City, Young-gu, B, and administered them by means of injecting them with water.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. A written expert opinion on a lawsuit or a maternity appraisal report;

1. Previous records: Application of Acts and subordinate statutes to investigation reports (including confirmation of repeated crimes, and attachment of a certified copy of the same criminal judgment and accompanying materials);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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

1. The main sentence of Article 67 of the Narcotics Control 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 applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

3. The fact that the criminal of this case was committed during the period of repeated crimes for the same kind of crime as the sentence is determined, frequency of medication, etc.