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(영문) 부산지방법원 2019.06.11 2019고단1884
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.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On April 5, 2019, around 22:00 on April 5, 2019, the Defendant: (a) put about approximately 0.035 grams of psychotropic drugs in a single-use injection machine in the premises of Busan Jin-gu B building and subparagraph (c); (b) dilution with water; and (c) administered them by means of injection in his/her own sphophone.

2. On April 16, 2019, the Defendant administered approximately 0.035 grams at the place indicated in paragraph (1) on April 16, 2019, in the same manner as Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of relevant Acts and subordinate statutes to written appraisal and investigation reports (calculated additionally);

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. 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)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(b) Second Offences [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] / 01. Medication, simple possession, etc. (Type 3]

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(c) Scope of recommendations according to the standards for handling multiple crimes: Ten months to three years (the maximum limit of crimes No. 2) of imprisonment;

2. It shall be so decided as per Disposition in full view of the facts that there are many records of criminal punishment including the same kind of crime in which the sentence is determined, the facts against his mistake, the motive, circumstances, and frequency of the crime;

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