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(영문) 부산지방법원 2019.07.10 2019고단1765
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

equivalent to the above additional collection.

Reasons

Punishment of the crime

On June 30, 2017, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court, which became final and conclusive on July 8, 2017.

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered the psychotropic drugs in an irregular manner from October 20, 2017 to October 26, 2017, between Busan City or Ansan-si (hereinafter referred to as the “clopon”).

Summary of Evidence

1. A written appraisal;

1. Probation;

1. Previous convictions: Criminal records and investigation reports (Attachment to the judgment of a case during the period of suspension of execution) have been made by the defendant on August 2, 2017 and his/her phiphone training reaction has been made at the prosecutor’s urine therapy, and the same year thereafter;

9.21.

9. The 29. 10. 11. 10. 10. 10. 10. 29. 10. 26. 1. 1. 1. 1. 1. 1. 1. 1. 1.

It seems that there was no composition of philophones from among the drugs that the defendant salone had taken, and the defendant did not administer philophones, but there is no possibility that the reaction of philophones was made in philophones.

Application of Statutes

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

2. 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.

3. Determination of sentence: The Defendant, during the probation period on August 2, 2017, was under the suspension of the execution due to the same criminal act, administered phiphones, and was not exposed to the same time.

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