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(영문) 부산지방법원 2019.07.24 2019고단2731

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Criminal Power] On May 22, 2013, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Control of Narcotics, etc., at the Busan District Court’s branch branch, and on May 23, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., at the Busan District Court’s Busan District Court for eight months on September 5, 2014, which became final and conclusive on September 5, 2014, and the sentence of the suspended sentence was terminated on September 19, 2016.

【Criminal Facts】

At around 23:00 on June 15, 2019, the Defendant, who is not a person handling narcotics, added approximately 0.04 g of Mebatop, a psychotropic drug, to the single-use Mebaculculum C, and dilution with water, and administered the mebaculosis in a way of injecting it.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on investigation (calculated additional charges);

1. The police seizure record and the list of seizure;

1. 112 reported case handling table;

1. Written report on the urine test, report on the results of the preliminary test for narcotics, and response to requests for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (one of the decisions against a suspect and binding of the status of confinement for each individual), and application of each statute of judgment;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

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. Determination of sentence: During the period of repeated crimes resulting from the same kind of crime for eight months;