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(영문) 부산지방법원 2019.02.20 2018고단5330

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 July 14, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on July 14, 2016, and was sentenced to nine times of punishment for the same crime on July 22, 2017, including the termination of the execution of the sentence in the Ansan Prison.

【Criminal Facts】

On November 24, 2018, at around 18:00, the Defendant, who was not a person handling narcotics, placed the psychotropic drugs in a single-time injection machine, and administered them in a way of injecting the Mebamin in the water into the left burb.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. A report on investigation (a list of evidence Nos. 2, 6, 8, 9, 18, 24);

1. Records of seizure and the list of seizure;

1. Monthly trend of narcotics;

1. A narcotics appraisal statement;

1. Previous convictions: References to criminal records and application of statutes governing written judgments;

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. The reason 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. (one to three years) of the aggravated area (one year and three years) of the category 3 (one year and three years) [the person under special jurisdiction] of the same criminal record (the decision of a suspended execution not exceeding three years] [the decision of a sentence] of the defendant, the defendant is a same repeated offender and a simple one-time medication, and the defendant suffers from mental illness, such as yellow disorder, is one of the causes of the crime of this case, and the major sentencing factors such as the defendant's age, character and behavior, and environment, and the sentencing of this case shall be set as the order by leaving the lowest limit of the sentencing criteria