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(영문) 부산지방법원 2019.05.29 2019고단1150

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

30,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

On July 13, 2016, the Defendant was sentenced to one year by the Changwon District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on June 1, 2017, and was not a narcotics handler.

1. At around 17:00 on January 18, 2019, the Defendant accepted a single psychotropic injection device, containing approximately 0.03g of psychotropic drugs, from the front wharf of the Jinhae-gu, Changnam-gu, Changwon-si, Jinnam-si, Gyeongdong-si, Gyeongnam-si, a single psychotropic drug user (hereinafter “cathophone”).

2. Medication of phiphones.

A. On March 2019, the Defendant: (a) 21:00 first on March 21, 2019, when inserting approximately 0.03g of opononon in a single-use telephone at the mutual influence in the north-gu Busan Metropolitan City, Busan, and dilution with water; and (b) administered it in a way of injecting it into his left blood line.

B. On March 15, 2019, the Defendant administered approximately 0.03 gramphones in the case of the philophones E from March 15, 2019, around 22:00 to March 15, 2019.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. An appraisal report and an appraisal report;

1. Previous conviction: the application of Acts and subordinate statutes to criminal records and results from the search of prisoners [a statement is not consistent with that of the date on which the C receives a phiphone, but the explanation of the changes in the statement is consistent, and credibility exists in the statement];

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and selection of imprisonment with 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 proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had been punished seven times for the same kind of crime, he/she again committed a crime within the repeated crime period, and the defendant took notes to C.