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(영문) 부산지방법원 서부지원 2020.04.17 2019고단1946
마약류관리에관한법률위반(향정)
Text

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

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

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[Criminal Power] On February 9, 2017, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on February 9, 2017, and completed the execution of the said sentence at the Ansan Prison on September 16, 2017.

【Criminal Facts】

1. From May 25, 2019 to around the 28th day of the same month, the Defendant injected approximately 0.07 grams of psychotropic drugs in the Busan Northern-gu B apartment C (one name “cloilphone”; hereinafter “cloilphone”) into a single-use injection machine, and injected them into the Defendant’s arms.

2. On June 10, 2019, the Defendant: (a) inserted approximately 0.07ggopon in a one-time injection machine in the Defendant’s residence located in Seo-gu Busan, Seo-gu, Busan; (b) added it to the Defendant’s arms, and injected it into the Defendant’s arms.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (whether a suspect A philophone medication has been made), investigation report (related to E in the upper line of the sales of philophonephones), investigation report (including a suspect's response to a request for appraisal attached (2019-S-5290) to train the results of assessment of A urine drugs (including a response to a request for appraisal attached (2019-S-5290)), investigation report (including a response to an appraisal attached (2019-S-5290)), and investigation report (related to the calculation of additional

1. Previous records: Application of criminal history records, investigation reports (report attached to the judgment), investigation reports (report on the date of release from the court), and Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

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. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) shows the intention to cease drugs by recognizing all the crimes of this case and breaking their mistakes.

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