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(영문) 부산지방법원 2019.08.28 2019고단863
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Busan District Court on June 26, 2018, sentenced to a suspended sentence of three years for a violation of the Act on the Control of Narcotics, Etc. (hereinafter “Act on the Control of Narcotics”), was sentenced to a suspended sentence of three years on July 4, 2018, and the said judgment became final and conclusive on July 4, 2018, and

【Criminal Facts】

Defendant is not a narcotics handler.

1. On September 13, 2018, the Defendant administered 0.03 grams, which are psychotropic drugs, on September 13, 2018, at the residence located in Jung-gu B and 3, Jung-gu, Busan, Jung-gu, Busan (hereinafter referred to as “copon”).

2. From October 31, 2018 to November 7, 2018, the Defendant administered phiphones in an irregular manner between around 21:45 on October 31, 2018 and around 09:45 on November 7, 2018.

Summary of Evidence

1. Partial statement of the defendant;

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

1. An appraiser for close appraisal;

1. Records of seizure and the list of seizure;

1. Notification of the result of legal chemical appraisal;

1. Application of the Acts and subordinate statutes governing a report on investigation (additional imposition), and table of price of narcotics;

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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent 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] the age, character and conduct, environment, etc. of the defendant, such as the main sentencing factors, the defendant's age, character and conduct, and environment, within the scope of the aggravated area (1 to 3 years) of category 3 (1 to 1) [the person under special jurisdiction] of the same criminal records (1 to 3 years of suspension of execution within the scope of sentence] [the person under special jurisdiction] of the same criminal records (2 years of suspension of execution within the scope of sentence] according to the above sentencing guidelines.

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