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(영문) 부산지방법원 2021.03.08 2020고단5162

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

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

As to the defendant.

Reasons

Punishment of the crime

[criminal history] On September 18, 2019, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on September 18, 2019 and completed the execution of the sentence at the Ansan Prison on July 8, 2020.

[Criminal facts]

1. On August 24, 2020, the Defendant: (a) delivered, without compensation, a disposable injection device containing 0.03 g of philopon to C at the Busan B Apartment-gu apartment parking lot around August 24, 2020; and (b) received it.

2. On December 7, 2020, the Defendant, at around 20:00, administered clophones by dilution with water at his own dwelling located in the Busan Jin-gu Down-gu, Busan, and 0.03 g of clophones, and by clothing them.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Entry of the statement in the police statement protocol with respect to C in the investigation report (the results of precise appraisal by the accused's scamine) (the report on the calculation of additional collection charges);

1. Previous convictions indicated in judgment: Application of each of the statutory statements stated in a reply to inquiries about criminal history and reports on internal investigation (verification of a criminal suspect who is suspected of committing a repeated offense);

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (the point of receipt of opon), Article 60(1)2, Article 4(1)1, and Article 4(1)3(b) (the point of receipt of opon), and Article 2 subparag. 3(b) (the point of receipt of oponon) of the Act on the Control of Narcotics, etc., and each choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. proviso to Article 67 of the Act on the Control of Narcotics, Etc. (Additional Collection of 200,000 won in aggregate of the value of philophones received by the defendant and philophones administered by the defendant);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: One month to thirty years of imprisonment;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Class 1 Crimes [Violation of the Narcotics Control Act (compact)] / [Determination of the type] narcotics crimes.