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(영문) 부산지방법원 서부지원 2019.07.11 2019고단1232
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

22 disposables (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On January 8, 2016, the Defendant was sentenced to one year in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the said sentence in a port prison on November 29, 2016.

【Criminal Facts】

1. On April 2019, the Defendant violated the Act on the Control of Narcotics, etc. (flag) around the end of April 2019, paid KRW 200,000 in cash to C, which is located in the underground parking lot of apartment B in Gangseo-gu Busan Metropolitan Government, and received approximately 0.5g of merpta (hereinafter “peropon”).

2. On May 21, 2019, around 05:00 on May 21, 2019, the Defendant, in violation of the Act on the Control of Narcotics, Etc. (flavoring), administered drugs in the way of melting approximately 0.03g of phiphonephones, which were purchased from and possessed in Busan Gangseo-gu Busan Metropolitan City B apartment building male toilets, into water, and injected them into the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and the list of seizure;

1. Arrest site photographs (influents and seized articles).

1. Attachment of a response sheet to the results of appraisal with the State, with the State;

1. An investigation report (based on calculation of additional collection charges);

1. Previous records: Criminal records, inquiry reports, investigation reports (the confirmation of the date of release and related judgments attached to such judgments) and the application of statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment) concerning

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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 punishment by law: Imprisonment with prison labor for not more than 30 years;

2. 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)]

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