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(영문) 부산지방법원 서부지원 2019.01.30 2018고단2377
마약류관리에관한법률위반(향정)
Text

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

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

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

On October 25, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., in Busan District Court's branch branch court, and completed the execution of the sentence on October 23, 2018.

The defendant is not a person handling narcotics.

1. On November 3, 2018, around 18:00, the Defendant administered a psychotropic drug (one philophone; hereinafter “philophone”) delivered from the Busan Shipping Daegu BF C, by dilution approximately 0.03 g of psychotropic drugs with a single-use injection device, using a single-use injection device for injection.

2. At around 21:00 on November 3, 2018, the Defendant injected approximately 0.03g of philophonephones delivered from D from the above Bnco C by dilutioning 0.03g of crophones into a single-use crop in a way of melting them with a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of medical treatment and a detailed statement of handling 12 reported cases;

1. A narcotics appraisal report and each photograph;

1. Previous records: Criminal records, etc. inquiry reports, investigation reports, and application of Acts and subordinate statutes on 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. 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 recommendations according to the sentencing criteria;

(a) The same criminal record (not less than a three-year suspension of execution) in the area of aggravation (one-year period) (one-three years), of category (one-three years under special guard), of category (not less than a three-year suspension of execution) of the first and second crimes, medication of crimes, simple possession, etc.;

(b) The scope of final sentence due to the aggravation of multiple offenses: one year to four years and six months;

2. Crimes related to narcotics, etc. determined to be sentenced, shall be serious in society as a whole, such as impairing the public health or inducing other crimes, as well as impairing the body and mind of an individual.

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