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(영문) 부산지방법원 2019.02.01 2018고단5640
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

The seized No. 1 (L. 0.22g of philophones) and No. 2 (3 of disposable philograms).

Reasons

Punishment of the crime

The Defendant, at the Ulsan District Court on May 11, 2017, sentenced one year and two months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and terminated the execution of the sentence at the Ulsan District Court on October 30, 2017, and was sentenced to three months for perjury at the Ulsan District Court on November 29, 2017, and was sentenced to three months for perjury at the Ulsan District Court on January 28, 2018, and was not a narcotics handler.

1. At around 10:00 on December 8, 2018, the Defendant: (a) inserted approximately 0.07g of psychotropic drugs in a single-use injection machine; and (b) injected them into a left part of blood, after melting them into a single-use injection machine; and (c) injected them into a left part of blood.

2. At around 13:20 on December 10, 2018, the Defendant possession of phiphonephones by inserting approximately 0.27 g of phiphones in the office of the E police station life crime investigation team located in Changwon-si D in Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each request for appraisal;

1. Monthly trends in narcotics;

1. Previous records: Application of the Acts and subordinate statutes on criminal records, etc. and personal confinement status;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. The range of recommending punishment according to the sentencing guidelines (the range of recommending punishment), medication, simple possession, etc., of Type 3 (the range of recommending punishment, items (b) and (c)) (one year to three years) (the special person) and the same previous conviction (the suspension of execution of execution of not more than three years);

2. Normal circumstances that are disadvantageous to the decision of sentence: The number of criminal records of the same kind, the circumstances that are favorable to the recidivism during the period of repeated offense: the age, character and conduct of the accused; and

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