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(영문) 부산지방법원 2019.07.02 2019고단1359
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

Defendant is not a narcotics handler.

1. Around 21:00 on March 28, 2019, the Defendant purchased two disposable injection equipment, which is a psychotropic drug, divided into approximately 0.14g of psychotropic drugs, from Mepta (one philopon; hereinafter “philopon”), and purchased KRW 100,000,00 to D.

2. The Defendant, at the time and place specified in paragraph 1, put about 0.07gg of philophones purchased from D into a single-use injection machine, dilution with water, and administered them by means of injection to his left arms.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to written appraisal and report on investigation;

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.

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.

(b) Class 2 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Punishment)] (Determination of Punishment of Narcotics, etc.]. Trade, good offices, etc. (Type 2] marijuana and perfumes;

Items c) and c.

Measures for mitigation, such as item (special person who has been sentenced to mitigation): The elements of purchase for medication, simple possession, etc., or of increase in receipt and receipt: The area of mitigation (the area of recommendation and the scope of recommendation) of the same criminal record (not less than three years of suspension of execution): Imprisonment with labor for August through January

(c) Scope of recommendations according to the standards for handling multiple crimes: The maximum limit of crimes of 1 to 1 March.

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