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(영문) 부산지방법원 2019.09.25 2019고단3769
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

equivalent to the above additional collection.

Reasons

Punishment of the crime

On November 21, 2018, the Defendant was sentenced to 10 months in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the port prison on August 3, 2019, and was not a person handling narcotics.

On August 21, 2019, the Defendant, at around 21:00, administered philophones by inserting approximately 0.07gg of psychotropic drugs in a single-use injection machine, diversing them into arms, dilution, and injection into arms.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal;

1. Previous records of judgment: Application of criminal records, inquiry reports (verification of the period of repeated crime and attachment of the same previous records and judgment);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and selection of imprisonment with labor;

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

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 applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Subscopic factors (special scopic factors): Aggravation of self-denunciation: Basic sphere of previous convictions (not less than a stay of execution within three years): Basic sphere of punishment for the same kind of crime (the scope of the recommended area and the scope of the recommended punishment);

3. Determination of sentence: A decision shall be made as ordered, taking into account the fact that the defendant has been administered again because it has not been less than 10 days after the date of release, taking into account the age, character and conduct, environment, motive and circumstances of the defendant's crime, and circumstances that constitute conditions for sentencing, such as the circumstances after the crime.

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