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(영문) 부산지방법원 2019.06.26 2019고단855
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

equivalent to the above additional collection.

Reasons

Punishment of the crime

On January 31, 2018, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court’s branch branch, and completed the execution of the sentence in the Jinju Prison on October 28, 2018, and was not a person handling narcotics.

At around 17:00 on February 26, 2019, the Defendant administered approximately 0.07gg of psychotropic drugs, which were received from D, in the first floor of the C Hospital located in Busan Metropolitan City Shipping Daegu, by mixing them with the water of crynags.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (Attachment of a report on defense counsel or appraisal);

1. Previous records of judgment: Application of criminal records, inquiry reports (verification of the period of repeated crime and attachment of the same previous records and judgment);

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. 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 provisional payment order;

1. 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.

2. Determination of sentence: A decision is made as ordered by taking into account the fact that the defendant had been sentenced six times to imprisonment for the same kind of crime but has again committed the crime within the period of repeated crime and taking into account all other circumstances that conditions for sentencing, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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