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(영문) 부산지방법원 2020.09.23 2020고단3100
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

The provisional payment of the amount equivalent to the above additional charges shall be made.

Reasons

Punishment of the crime

[Criminal Power] On April 18, 2018, 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 on April 18, 2018 and completed the execution of the sentence in the Ansan Prison on May 7, 2019.

【Criminal Facts】

The defendant is not a person handling narcotics, but a person handling narcotics, and is not a person handling narcotics, and is not a person handling narcotics, he/she shall not administer a Mebane (one philophone; hereinafter referred to as "philophone").

1. Around June 18, 2020, the Defendant, around 01:00 on June 18, 2020, administered phiphones by means of dilution of approximately 0.03g of philophones from Seo-gu Busan building C, Seo-gu, Busan, and using a single-use injection device, and using the single-use injection device, administered philophones to his left part.

2. Around July 19, 2020, the Defendant, around 23:00 on July 19, 2020, administered phiphones by means of dilution of approximately 0.03g of philophones from Seo-gu Busan building C, Seo-gu, Busan, and by means of injection of philophones into his left part of the bloodline by using a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure, each list of seizure, a written consent to the collection of urinals, a written consent to the collection of urinals, an expert opinion, and a report on investigation (related to calculation of an additional

1. Previous records of judgment: Criminal records, inquiry records, personal confinement status, application of each statute of the judgment;

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. 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.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

2. Sentence;

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