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(영문) 부산지방법원 2019.10.18 2019고단4061
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 2 shall be confiscated.

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

Reasons

Punishment of the crime

On July 24, 2018, the Defendant was sentenced to 8 months in Busan District Court for violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in a permanent prison on June 20, 2019.

The defendant is not a person handling narcotics.

On August 27, 2019, at around 19:00, the Defendant administered chophones by inserting approximately 0.05 g of psychotropic drugs in a single-use injection machine, chophones (chophones; hereinafter referred to as “chophones”). The Defendant injected chophones in a way of injecting them into arms after inserting them into a single-use injection machine.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure, each list of seizure and expert report;

1. Previous records of judgment: Application of investigation report (including confirmation of the period of repeated crime and attachment of the same previous judgment and reference materials);

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. Article 35 of the Criminal Act among repeated crimes;

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. 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. In full view of the facts that the defendant who has determined the sentence of this case committed the crime during the period of the same repeated offense, the frequency of medication, the fact that the defendant is against whom the sentence of this case is imposed, and other various circumstances that may serve as the conditions for the sentencing of this case, such as the age, character and conduct and environment of the defendant, the punishment shall be

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