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(영문) 부산지방법원 2019.01.30 2018고단5115
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On March 15, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., at the Busan District Court’s Dong Branch, and completed the execution of the sentence on March 16, 2018.

【Criminal Facts】

Defendant is not a narcotics handler.

On November 11, 2018, at around 17:20, the Defendant administered psychotropic drugs by inserting approximately 0.07g of psychotropic drugs in a single-use injection machine and dilution them into arms at the Defendant’s residence located in the Busan East-gu B and the second floor.

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of narcotics;

1. Previous convictions: Criminal history records, investigation reports (verification of the date of release and reporting accompanied by the same kind of judgment), personal confinement status, application of Acts and subordinate statutes of the same kind of judgment;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the selection of a sentence concerning criminal facts, and the selection of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Additional collection of the grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] Medication, simple possession, etc., taking into account the following factors: (a) the degree of aggravation (one year to three years) in the area of aggravation (one year); (b) and (c) of the same criminal records (not less than a suspended sentence for not more than three years); (c) the degree of aggravation in the same criminal records (not less than a suspended sentence for not more than three years); (d) the degree of simple medication

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