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(영문) 부산지방법원 서부지원 2019.01.29 2018고단2347
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On February 23, 2018, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on September 23, 2018 and completed the execution of the sentence in the Jin prison on September 23, 2018.

【Criminal Facts】

around 22:00 on October 30, 2018, the Defendant administered approximately 0.05 g of psychotropic drugs in the front side of the Busan Young-gu, Dok-gu, 2018, in a way of melting them into coffee, even though he is not a person handling narcotics.

around 20:00 on October 13, 2018, the Defendant, “2018 Highest 2715”, even though he is not a person handling narcotics, administered psychotropic drugs in front of the D Hospital located in the Busan Young-gu, Busan, in a manner of dilution the psychotropic drugs into water and laying them into the bloodline of his left arms using a disposable injection device.

Summary of Evidence

"2018 Highest 2347"

1. Defendant's legal statement;

1. Each report on investigation;

1. Notification of the results of legal and chemical appraisal and appraisal report;

1. Notarial inspector, his/her photo, 2018 Highest 2715;

1. Defendant's legal statement;

1. Each investigation report and each appraisal report;

1. Written records of the prosecution by the prosecutor, each photograph of each of them (the records of evidence in the case of 2018 high-class 2347);

1. A statement on criminal records, etc.;

1. A report on investigation (report attached to a written judgment) and a report on investigation (verification of details of custody);

1. Application of Acts and subordinate statutes concerning personal confinement;

1. Article 60 (1) 2, Article 4 (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 with prison labor;

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. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics;

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

(a) Type 3 (10 to 2 years) basic area (10 to 3 years), such as medication of crimes, simple possession, etc., of crimes 1 and 2, the self-denunciation of a person who is a special offender, / previous convictions of the same kind (not less than three years of suspended execution);

(b)endend by aggravating majority of offenses.

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