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(영문) 부산지방법원 2019.07.24 2019고단2541

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[criminal power] On October 14, 2016, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on October 14, 2016, and was punished for the same crime in the port prison on June 24, 2017.

【Criminal Facts】

At around 18:00 on June 5, 2019, the Defendant administered a philophone in a way that 0.03g of psychotropic drugs in Btel C (i.e., a single philophone; hereinafter “philophone”).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. A written appraisal;

1. Records of seizure and the list of seizure;

1. A report on investigation (related to the calculation of an additional collection charge);

1. Previous convictions in judgment: Criminal records, current status of personal confinement, and application of court rulings and statutes;

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 proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment [the scope of recommendation] medication, simple possession, etc. of types 3 (1 to 3 years) (1 to 3 years) of the aggravated area (1 to 1 year) [1 to 3 years] of the same criminal records (1 to 3 years of suspended execution] [the decision of sentence] of the same criminal records (2 to 3 years of suspended execution] of the defendant, and the defendant has the same criminal records twice, and the defendant committed the crime of this case during the period of repeated crime after returning the first criminal record of the head of

There are also circumstances favorable to the defendant, such as the fact that the defendant shows an attitude to seriously reflect his or her wrongness, and the fact that the defendant does not seem to have been addicted to philophones in light of the criminal records and the contents of the crime.

The above sentencing criteria and sentencing factors are the defendant's age, character and behavior.