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(영문) 부산지방법원 2019.05.21 2019고단131
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 to 11 shall be confiscated.

The defendant 300,000.

Reasons

Punishment of the crime

On April 20, 2017, the Defendant was sentenced to two years of imprisonment for rape by the Busan High Court, and completed the enforcement of the said sentence on June 8, 2018.

Defendant is not a narcotics handler.

1. On August 4, 2018, at least 22:30, the Defendant issued approximately 0.06g of psychotropic drugs to C free of charge in the numberless SM5 car operated by C, which was parked on the adjacent apartment site B in Busan, Jin-gu, Busan, for approximately 0.06g of psychotropic drugs.

2. At around 08:00 on January 1, 2019, the Defendant injected approximately 0.04g of philopon into water in a single-use toilet at the Defendant’s residence located in Busan D, and administered them in a way of injecting them into the spopnum.

3. On January 2, 2019, at around 20:07, the Defendant possessed approximately 0.17 g of phiphonephones in two for a day-time-time-time-time-time-of-day-of-day-off-car car operated by the Defendant, parked on the road of Busan East-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Each appraisal report, each investigation report (calculated with a surcharge), and each request for appraisal;

1. Previous records: Application of the Act 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 the relevant criminal facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(b) crime 2.

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